DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/816)

ASCENTIA RAIL (VIC) 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 Ascentia Rail (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 Ascentia Rail (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 5 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 case involved an application for approval of the Ascentia Rail (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The primary dispute centred around the fairness and compliance of the proposed agreement with the relevant industrial laws. The matter was heard in the Fair Work Commission, Australia's independent national workplace relations tribunal.

The court was tasked with determining whether the proposed enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it provided for the appropriate terms and conditions, and whether it adhered to the relevant industrial awards. Additionally, the court needed to consider if the agreement satisfied the requirement for independent assessment and if it included appropriate dispute resolution mechanisms.

In its decision, the Commission found that the enterprise agreement was generally fair and compliant with the relevant industrial laws. The Commission acknowledged that while there were some areas of concern, the overall agreement was beneficial to both parties and provided a balanced outcome. The Commission also noted that the agreement included provisions for independent assessment and appropriate dispute resolution mechanisms, which were essential components of a fair agreement. Based on this assessment, the Commission approved the Ascentia Rail (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

The Fair Work Commission's approval of the enterprise agreement signifies a resolution to the dispute, ensuring that the terms and conditions of employment for the employees covered by the agreement are adequately addressed and protected. This decision sets a precedent for similar agreements in the future and provides clarity for both employers and employees regarding the requirements for a fair and compliant 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