DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/788)

TAURUS COMMERCIAL INSTALLATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2018

Application for approval of the Taurus Commercial Installations 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 Taurus Commercial Installations 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 5 April 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for approval of the Taurus Commercial Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was contested by the employer, leading to a formal hearing. The central issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it was in the public interest and contained fair terms and conditions. The Commission had to consider various aspects, including the negotiation process, the provisions of the agreement, and its impact on the parties involved and the broader industry.

The Commission examined the negotiation process, determining whether it was genuine and whether the agreement reflected the true agreement of the parties. It also assessed the fairness of the terms and conditions within the agreement, taking into account the principles of enterprise bargaining and the protection of vulnerable workers. The Commission considered submissions from both parties, expert evidence, and relevant industry benchmarks. The employer argued that certain provisions of the agreement were overly restrictive and detrimental to their business operations, while the union contended that the agreement was necessary to protect the rights and interests of its members.

After careful consideration, the Commission found that the negotiation process was genuine and that the agreement represented the true agreement of the parties. While acknowledging the employer's concerns about certain provisions, the Commission concluded that the overall agreement was fair and in the public interest. The Commission highlighted the importance of maintaining a balanced approach that recognises the rights of employers and employees. The agreement was ultimately approved, subject to certain minor modifications to address specific concerns raised by the Commission.

The Commission ordered the approval of the enterprise agreement with the modifications outlined in the decision. Both parties were directed to comply with the terms of the agreement, and the employer was required to provide necessary information and documentation to facilitate its implementation. The decision emphasised the importance of good faith bargaining and the need for enterprise agreements to reflect a fair and balanced outcome for all parties involved.

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