DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5573)

INTRA FORCE TECHNOLOGIES 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 Intra Force Technologies 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 Intra Force Technologies 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

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of an Enterprise Agreement with Intra Force Technologies Pty Ltd. The agreement outlined terms and conditions of employment for employees of the company. The Union argued that the agreement met the criteria for approval under the Fair Work Act 2009. The company opposed the application, contending that the agreement did not comply with the Act.

The central legal issue before the Commission was whether the Enterprise Agreement satisfied the requirements of the Fair Work Act 2009, particularly sections 231 and 233, which mandate that agreements must be in writing, provide for a method of resolving disputes, and meet certain procedural standards. The company raised concerns about the procedural fairness of the agreement's negotiation and the absence of a dispute resolution mechanism. The Union argued that the agreement was procedurally sound and that the absence of a dispute resolution clause did not render it invalid.

The Commission examined the procedural history of the agreement's negotiation, finding that it had been conducted in a manner consistent with the requirements of the Act. The Commission also held that the absence of a formal dispute resolution mechanism did not preclude the agreement from being approved, as it did not necessarily mean that employees would be without recourse in the event of a dispute. The Commission concluded that the agreement met the statutory requirements for approval and granted the application.

The Fair Work Commission approved the Enterprise Agreement between the Construction, Forestry, Mining and Energy Union and Intra Force Technologies Pty Ltd. The Commission found that the agreement was properly negotiated, was in writing, and provided for a method of resolving disputes, albeit informally. The Commission also noted that the absence of a formal dispute resolution mechanism did not invalidate the agreement. The approval of the agreement now sets the terms and conditions of employment for the employees of Intra Force Technologies Pty Ltd for the period 2016 to 2018.

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