DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1307)

ROCK SOLID CIVIL CONTRACTORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 MAY 2018

Application for approval of the Rock Solid Civil Contractors Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Rock Solid Civil Contractors Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Rock Solid Civil Contractors Pty Ltd for the approval of their enterprise agreement under the Fair Work Act 2009. The application was heard in the Fair Work Commission, the body responsible for ensuring compliance with the Act and other workplace relations laws. The agreement in question seeks to establish the terms and conditions of employment for employees working in the civil contracting industry in Victoria, covering a period of 2016 to 2018.

The legal issues before the Commission involved whether the agreement met the requirements set out in the Fair Work Act, specifically whether it contained all the prescribed terms, did not contain prohibited terms, and was fair and reasonable in all its parts. Additionally, the Commission needed to consider if the agreement was made in accordance with the procedural requirements outlined in the Act. The CFMEU and Rock Solid Civil Contractors Pty Ltd argued that the agreement was fair, reasonable, and complied with the legal requirements, while no objections were lodged by other parties, including employees or employers.

The Commission found that the agreement met all the statutory requirements. It contained all the prescribed terms and did not include any prohibited terms. The Commission also concluded that the agreement was fair and reasonable, taking into account the parties' bargaining positions and the overall fairness of the terms and conditions set out in the agreement. The Commission noted the absence of objections from other parties, which suggested that the agreement was acceptable to all involved. Consequently, the Commission approved the Rock Solid Civil Contractors Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The approval of the agreement means that it is now legally binding on the parties and their employees, establishing the terms and conditions of employment for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established