DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5564)

CIVIL INFRASTRUCTURE GROUP 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 Civil Infrastructure Group 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 Civil Infrastructure Group 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 involves an application for the approval of the Civil Infrastructure Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was heard in the Fair Work Commission. The dispute arose from the negotiation of a new enterprise agreement between the employer and the union representing the employees. The key legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act 2009 and if it complied with the relevant provisions of the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission examined the agreement to determine if it contained the essential elements required for approval, including provisions on wages and conditions, dispute resolution, and other mandatory matters. The Commission also assessed if the agreement had been fairly negotiated and if it complied with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act. The court focused on whether the agreement provided a fair and efficient workplace for both parties and if it met the statutory requirements for approval.

After thorough consideration of the evidence and arguments presented by both parties, the Fair Work Commission approved the enterprise agreement. The Commission found that the agreement contained all the necessary elements and provisions required by law and that it had been fairly negotiated. The court concluded that the agreement met the criteria for approval and was in the best interests of the employees and the employer. The agreement was deemed to be fair and efficient, providing a framework for the resolution of workplace issues and meeting the statutory requirements for approval. The Commission's decision was based on a comprehensive analysis of the evidence and a determination that the agreement was in line with the relevant legislation.

The final orders of the Fair Work Commission included the approval of the Civil Infrastructure Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was approved as meeting the criteria for approval under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The decision was made in the interest of providing a fair and efficient workplace for both parties and ensuring compliance with the relevant provisions of the legislation.

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