DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/448)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Auscon Projects Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Auscon Projects Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering 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 2 March 2018. 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 before the court involved an application for approval of an enterprise agreement between Auscon Projects Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement in question was the Plastering Enterprise Agreement 2016-2018. The court was asked to determine whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the enterprise agreement contained all the necessary minimum terms and conditions as prescribed by the Fair Work Act, and whether the agreement had been made in accordance with the procedural requirements set out in the legislation. The court also needed to consider whether the agreement complied with the good faith bargaining provisions and whether it was fair and reasonable in the circumstances.

The court examined the agreement clause by clause, confirming that it included all the required minimum terms and conditions. It was satisfied that the procedural requirements, including the process of good faith bargaining, had been followed correctly. The court found that the agreement was fair and reasonable, taking into account the specific circumstances of the parties involved. Consequently, the court approved the enterprise agreement.

The final orders of the court were to approve the Plastering Enterprise Agreement 2016-2018 between Auscon Projects Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement was to be registered and enforceable under the Fair Work Act 2009, effective from the date of the court's approval.

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