DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5402)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 SEPTEMBER 2016

Application for approval of the Fitzgerald Constructions Australia 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 Fitzgerald Constructions Australia 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 13 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Enterprise Agreement between Fitzgerald Constructions Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The application was made under section 234 of the Fair Work Act 2009. The dispute involved whether the agreement met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

The primary legal issue before the FWC was whether the agreement was a protected action bargaining agreement as defined in the Fair Work Act. The FWC needed to determine if the agreement contained provisions that were genuinely necessary to protect employees' interests or if it contained terms that were detrimental to the employees' interests. The FWC also needed to consider whether the agreement met the requirements of the Fair Work (Registered Organisations) Act, such as the right to freedom of association and the right to organise.

The FWC found that the agreement was a protected action bargaining agreement and met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act. The FWC noted that the agreement contained provisions that were genuinely necessary to protect employees' interests, such as provisions for dispute resolution and provisions for the protection of employees' health and safety. The FWC also found that the agreement did not contain terms that were detrimental to the employees' interests.

The FWC approved the Enterprise Agreement between Fitzgerald Constructions Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The FWC found that the agreement met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act and was in the best interests of the employees. The FWC also noted that the agreement provided for a fair and equitable resolution of disputes between the parties and provided for the protection of employees' health and safety.

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