DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5271)

TAMBO GOLD PTY LTD T/AS CUTTING EDGE INSTALLATION AND CONTRACTING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 AUGUST 2016

Application for approval of the Tambo Gold Pty Ltd T/As Cutting Edge Installation and Contracting 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 Tambo Gold Pty Ltd T/As Cutting Edge Installation and Contracting 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 7 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the applicant, and Tambo Gold Pty Ltd T/As Cutting Edge Installation and Contracting, the respondent, the Fair Work Commission was called upon to determine whether to approve the enterprise agreement between the parties. This agreement, which pertains to the period from 2016 to 2018, was contested by the applicant union on various grounds, including its compliance with the Fair Work Act 2009 and its alignment with the principles of good faith bargaining. The primary legal issues the Commission had to address involved the validity of the agreement, the adherence to the legislative framework, and the fairness of the bargaining process.

The Commission examined the bargaining process to ensure it was conducted in good faith, as mandated by the Fair Work Act. It assessed whether the union and the employer had genuinely attempted to reach an agreement and if the terms of the agreement were reasonable. Additionally, the Commission evaluated whether the agreement met the statutory requirements for approval, such as ensuring it did not adversely affect employees' terms and conditions of employment. The applicant's objections centred on claims of procedural unfairness and that the agreement contained terms that did not adequately protect the rights and interests of the employees.

In its decision, the Commission concluded that the bargaining process had been conducted in good faith and that the agreement complied with the relevant legislative provisions. The Commission found that while there were procedural imperfections, these did not undermine the overall fairness of the agreement. It determined that the terms of the enterprise agreement were reasonable and did not disadvantage the employees. Consequently, the Commission approved the enterprise agreement, finding it met the necessary standards under the Fair Work Act. The decision was based on a thorough analysis of the bargaining records, the terms of the agreement, and the evidence presented by both parties.

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