Construction, Forestry, Maritime, Mining and Energy Union

Case [2018] FWCA 1852


[2018] FWCA 1852

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/706)

Force Precast 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 Force Precast 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 Force Precast 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.

  1. 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.

  1. 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.

  1. 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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Details
AGLC
Construction, Forestry, Maritime, Mining and Energy Union [2018] FWCA 1852
Case
[2018] FWCA 1852
Decision Date

CaseChat Overview and Summary

The applicant, Force Precast Installations Pty Ltd, applied for approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission, which has the authority to approve, reject or provisionally approve such agreements. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement and whether they complied with relevant Australian labour laws.

The court had to determine if the agreement provided for a fair and efficient workplace, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. It also needed to assess whether the agreement was made in good faith and whether it complied with the requirements of the Fair Work Act 2009. Furthermore, the court examined whether the agreement provided for the protection of employees' rights and interests.

The Fair Work Commission found that the agreement met the legal requirements for approval. The court was satisfied that the agreement provided for fair and efficient workplace arrangements, with appropriate provisions for wages, hours of work, leave entitlements and dispute resolution. The court found that the agreement was made in good faith and that it complied with the relevant provisions of the Fair Work Act. Additionally, the court determined that the agreement provided for the protection of employees' rights and interests.

The Fair Work Commission approved the Force Precast Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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