DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1085)

ADCON RESOURCES VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 6 APRIL 2018

Application for approval of the Adcon Resources Vic 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 Adcon Resources Vic 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 13 April 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Adcon Resources Vic Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), applied to the Fair Work Commission for approval of their enterprise agreement, titled the Adcon Resources Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement sought to regulate the terms and conditions of employment for employees of Adcon Resources Vic Pty Ltd, including matters such as wages, hours of work, leave, and dispute resolution mechanisms. The application was made under the Fair Work Act 2009, which requires certain enterprise agreements to be approved by the Commission before they can have legal effect.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements set out in the Fair Work Act and whether it contained all the mandatory terms prescribed by the Act. Specifically, the Commission had to determine if the agreement was genuinely negotiated, if the parties had made a genuine attempt to reach an agreement, and if the agreement covered all the mandatory terms, such as minimum wages and conditions, parental leave, and dispute resolution procedures. The Commission also needed to ensure that the agreement did not discriminate against any group of employees and that it did not adversely affect employees' rights to freedom of association.

In reaching its decision, the Commission considered the evidence and submissions provided by both parties. The Commission found that the agreement was genuinely negotiated between the parties, who had made a genuine attempt to reach an agreement. The Commission also determined that the agreement contained all the mandatory terms prescribed by the Act and did not discriminate against any group of employees. The Commission noted that while some issues had been contentious during the negotiation process, the final agreement demonstrated a balanced outcome that took into account the interests of both parties. Based on these findings, the Commission approved the agreement, determining that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the Adcon Resources Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission found that the agreement was genuinely negotiated, contained all the mandatory terms, and did not discriminate against any group of employees. The agreement was therefore approved, and it will have legal effect as of the date of the Commission's decision.

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