DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5492)

PORTOLESI NOMINEES PTY LTD (THE TRUSTEE FOR) T/AS PORTOLESI STRUCTURAL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 SEPTEMBER 2016

Application for approval of the PORTOLESI NOMINEES PTY LTD (THE TRUSTEE FOR) T/As PORTOLESI STRUCTURAL 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 PORTOLESI NOMINEES PTY LTD (THE TRUSTEE FOR) T/As PORTOLESI STRUCTURAL 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 16 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 applicant, Portolesi Nominees Pty Ltd (the trustee for) trading as Portolesi Structural, sought approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 from the Fair Work Commission (FWC). The matter was heard by Commissioner S. R. Cox, who was tasked with determining whether the agreement met the criteria set out in the Fair Work Act 2009. The Construction, Forestry, Mining and Energy Union (CFMEUA) opposed the application, arguing that the agreement did not adequately protect workers' rights and conditions.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements outlined in the Fair Work Act. Specifically, the Commission had to consider if the agreement contained provisions that were contrary to the public interest or had an adverse impact on the employment conditions of workers. The CFMEUA argued that the agreement failed to ensure adequate minimum wage rates and did not provide sufficient protections for workers' health and safety. The applicant contended that the agreement was fair and balanced, providing appropriate protections and benefits for both employers and employees.

After reviewing the evidence and arguments presented, Commissioner Cox concluded that the proposed agreement did not meet the statutory criteria for approval. The Commission found that the agreement did not provide adequate protections for workers' health and safety and did not ensure that workers received fair and reasonable wages. Additionally, the Commission noted that the agreement did not adequately address the issue of casual employment, which was a significant concern for the CFMEUA. As a result, the Commission rejected the application for approval of the enterprise agreement.

The Commission's decision was communicated to the parties, and the application for approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was dismissed. The parties were informed of their right to seek a review of the decision by the Full Bench of the FWC or to appeal to the Federal Court of Australia. The Commission's decision serves as a reminder of the importance of ensuring that enterprise agreements comply with the statutory requirements set out in the Fair Work Act and that they provide adequate protections and benefits for both employers and employees.

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