DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5660)

CDR SCAFFOLDING T/A GIBRALTAR CONCRETING 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 CDR Scaffolding t/a Gibraltar Concreting 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 CDR Scaffolding t/a Gibraltar Concreting 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

In this matter, CDR Scaffolding t/a Gibraltar Concreting and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) sought approval for the Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission. The primary dispute centred on whether the agreement met the statutory requirements for approval, including whether it complied with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The court was tasked with determining several legal issues, including whether the agreement had been made in good faith and whether it provided for minimum terms and conditions of employment. Additionally, the court needed to assess whether the agreement was fair and whether it included proper provisions for dispute resolution. The court also examined whether the agreement adequately addressed the needs and interests of the employees, including their right to freedom of association.

After considering the evidence and submissions from both parties, the Fair Work Commission found that the Enterprise Agreement was fair and reasonable. The court concluded that the agreement was made in good faith, provided for the minimum terms and conditions of employment, and included appropriate dispute resolution mechanisms. The commission approved the agreement, finding that it met all the necessary statutory requirements. Consequently, the agreement was approved and will govern the employment conditions of the employees 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