DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1015)

DOUBLE C CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 5 APRIL 2018

Application for approval of the Double C Construction 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 Double C Construction 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 12 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 applicants in this matter, Double C Construction Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) sought approval of their enterprise agreement from 2016 to 2018. The dispute was brought before the Fair Work Commission, with the Commission required to determine whether the proposed agreement met the necessary criteria under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement provided for the proper treatment of employees, including fair remuneration and working conditions, and whether the agreement complied with the mandatory provisions of the Fair Work Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it facilitated the efficient operation of the business.

In assessing the agreement, the Commission examined the provisions related to wages, hours of work, leave entitlements, and other employment conditions. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the industry and the bargaining positions of the parties. The Commission also considered the process through which the agreement was negotiated, determining that it was made in good faith. Ultimately, the Commission approved the enterprise agreement, finding it to be fair and reasonable for the purposes of the Act.

No further orders were made by the Commission beyond the approval of the enterprise agreement.

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