DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5596)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the Roseville Construction 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 Roseville Construction 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 22 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Roseville Construction Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it was made in good faith and contained the required minimum terms and conditions. The applicant union argued that the agreement was made in good faith and provided adequate protections for employees, while the applicant employer contended that certain provisions were unfair and should be struck out.

The Fair Work Commission found that the enterprise agreement was largely made in good faith and included all the necessary minimum terms and conditions. The Commission was satisfied that the parties had engaged in genuine bargaining and that the agreement reflected the outcomes of that process. The Commission did, however, make some minor modifications to certain provisions in order to ensure they complied with the Act. These changes did not substantially alter the overall effect of the agreement. The Commission concluded that the agreement was fair and reasonable, and approved it in its amended form.

In light of the Commission's decision, the enterprise agreement between Roseville Construction Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) was approved, subject to the minor modifications made by the Commission. These changes were necessary to ensure compliance with the Fair Work Act 2009, but did not significantly alter the nature or effect of the agreement. The parties were directed to take all necessary steps to give effect to the approved agreement, which would now govern the terms and conditions of employment for the relevant employees.

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