DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5562)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 SEPTEMBER 2016

Application for approval of the APTUM 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 APTUM 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 21 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

The case involved an application for the approval of an enterprise agreement between APTUM Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009. The crux of the dispute revolved around the fairness and compliance of the proposed agreement with the legal framework governing enterprise agreements in Australia.

The primary legal issues before the Commission were whether the enterprise agreement provided for fair and reasonable terms, and if it complied with the provisions of the Fair Work Act. This included assessing whether the agreement contained any terms that were contrary to public policy, and if it was made in good faith and without coercion. Furthermore, the Commission had to consider whether the agreement adequately covered the workers’ entitlements, conditions of employment, and any other relevant matters stipulated by the Act.

In its reasoning, the Commission emphasised the importance of ensuring that enterprise agreements are made without any improper influence or coercion. The Commission noted that the agreement in question was negotiated in good faith and was fair and reasonable in all its terms. The Commission found that the agreement provided for appropriate protections and entitlements for the employees, and it did not contravene any public policy or statutory provisions. Consequently, the Commission approved the enterprise agreement, recognising it as a legitimate and fair representation of the terms agreed upon by the parties.

The final orders of the Commission included the approval of the APTUM Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This decision was grounded on the finding that the agreement was fair, reasonable, and made in good faith, thereby satisfying the requirements under the Fair Work Act.

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