DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1225)

EMPIRE CONSTRUCTIONS VICTORIA PTY LTD T/AS EMPIRE CONSTRUCTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 16 APRIL 2018

Application for approval of the Empire Constructions Victoria Pty Ltd T/As Empire Constructions 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 Empire Constructions Victoria Pty Ltd T/As Empire Constructions 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 23 April 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 matter involved an application for the approval of an enterprise agreement between Empire Constructions Victoria Pty Ltd trading as Empire Constructions and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which is the body responsible for the approval of enterprise agreements under the Fair Work Act 2009. The union and the employer sought to have their proposed agreement recognised and enforced, which would set out the terms and conditions of employment for employees covered by the agreement.

The key legal issues before the Commission were whether the agreement met the formal requirements of the Fair Work Act, whether it had been genuinely negotiated between the parties, and whether it contained the mandated minimum terms and conditions as specified by the Act. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees it covered, and whether it complied with the good faith bargaining obligations imposed by the legislation. The Commission also needed to ensure that the agreement did not include any terms that were contrary to public policy or that would result in a detriment to employees.

The Fair Work Commission found that the enterprise agreement was validly negotiated, met all formal requirements, and included the mandated minimum terms and conditions. The Commission also determined that the agreement was in the best interests of the employees and that it did not contravene any public policy considerations. The Commission took into account the specific nature of the industry, the bargaining positions of the parties, and the terms of the agreement in reaching its decision. The Commission approved the agreement, finding that it contained appropriate safeguards and provisions to ensure that employees were not disadvantaged.

The Fair Work Commission approved the Empire Constructions Victoria Pty Ltd T/As Empire Constructions and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, with the approval to take effect from the date of the decision. The agreement now provides the framework for the terms and conditions of employment for the employees covered by the agreement, and both parties are bound by its terms.

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