DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/699)

BRING PERSONNEL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) LABOUR HIRE INDUSTRY ENTERPRISE AGREEMENT 2016 -2018

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

Application for approval of the Bring Personnel Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Bring Personnel Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry 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 parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Bring Personnel Pty Ltd. The dispute related to the approval of a Labour Hire Industry Enterprise Agreement for the years 2016 to 2018. The Fair Work Commission was the court in which the matter was heard. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it provided for the fair and equitable treatment of employees and whether it contained terms and conditions that were consistent with the national system of minimum wages and conditions.

The Commission considered the evidence presented by both parties and examined the agreement in detail. It found that the agreement provided for the fair and equitable treatment of employees and that the terms and conditions were consistent with the national system of minimum wages and conditions. The Commission also noted that the agreement included provisions for the resolution of disputes and for the protection of employees' rights. As a result, the Commission approved the agreement, finding that it met the requirements of the Act. The Commission made an order approving the agreement, which was to be registered with the Fair Work Commission. This decision provided certainty for both the CFMEU and Bring Personnel Pty Ltd and ensured that the agreement was fair and equitable 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