DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5488)

HENTY ADMINISTRATION SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 SEPTEMBER 2016

Application for approval of the Henty Administration Services 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 Henty Administration Services 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, 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, 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 23 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for the Henty Administration Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The employer, Henty Administration Services Pty Ltd, opposed the application, raising concerns about the agreement's compliance with the Fair Work Act 2009. The legal issues the court had to address included whether the enterprise agreement met the requirements for approval, specifically if it provided for minimum terms and conditions, and if it was genuinely negotiated between the parties.

The court evaluated the negotiation process and the provisions of the agreement. It found that the agreement was genuinely negotiated, as evidenced by the documentation and testimonies presented. The court also examined if the agreement provided for the minimum terms and conditions as stipulated in the Fair Work Act. It concluded that the agreement met these requirements, as it included provisions for pay rates, classification of employees, and other essential terms and conditions. The court further determined that the agreement did not contain any terms that would undermine the safety and health of employees, nor did it unfairly discriminate against any group of employees.

Based on the findings, the court approved the enterprise agreement, recognising its compliance with the statutory requirements. The employer's concerns were addressed and resolved, leading to the final decision to approve the agreement. This decision allows the agreement to come into effect, providing a framework for the employment terms and conditions between the parties involved for the specified period.

Construction, Forestry, 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