DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/394)

MORELAND WIRE FENCING & GATES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

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

Application for approval of the Moreland Wire Fencing & Gates 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 Moreland Wire Fencing & Gates 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 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Moreland Wire Fencing & Gates Pty Ltd, with the dispute centering on the approval of an enterprise agreement for the years 2016 to 2018. The matter was heard in the Fair Work Commission (FWC), Australia’s independent national workplace relations tribunal. The FWC was tasked with determining whether the proposed agreement should be approved under the Fair Work Act 2009.

The primary legal issues before the FWC involved assessing the fairness and compliance of the enterprise agreement with the relevant statutory criteria. This included examining whether the agreement provided for appropriate minimum rates of pay and conditions, and if it was free from any improper influence or coercion. The FWC also had to ensure the agreement did not undermine the existing industrial awards and did not negatively impact employees’ general conditions of employment.

In delivering its decision, the FWC examined the provisions of the proposed agreement in detail, weighing the benefits and potential detriments to the employees. The FWC concluded that the agreement met the statutory requirements for approval, as it provided for fair and reasonable terms and conditions that did not undermine the broader industrial awards. The FWC found that the agreement adequately safeguarded the rights and interests of the employees and did not contain any elements that would cause detriment to any party involved. The FWC subsequently approved the enterprise agreement, acknowledging its compliance with the necessary legislative standards.

As a result of the FWC’s decision, the Moreland Wire Fencing & Gates Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and will now serve as a binding agreement between the employer and the employees, governing their employment terms for the specified period.

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