DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5276)

ZAIN CONSTRUCTION PTY LTD 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 ZAIN CONSTRUCTION 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 ZAIN CONSTRUCTION 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 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 Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for an enterprise agreement between ZAIN Construction Pty Ltd and the CFMEU (Victorian Construction and General Division). The union argued that the agreement was fair and reasonable, while ZAIN Construction contested the terms, particularly regarding employee entitlements and conditions. The case revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues involved determining whether the agreement was genuinely negotiated and met the standards of procedural and substantive fairness. The court had to assess the negotiation process, the content of the agreement, and whether it complied with the statutory criteria for fairness. The court also examined whether the agreement provided for a fair and reasonable balance of rights and obligations for both parties.

The Fair Work Commission found that the agreement was genuinely negotiated and met the procedural fairness requirements. The court considered the union's bargaining power, the negotiation process, and the agreement's content. The commission determined that the agreement provided for a fair and reasonable balance of rights and obligations and met the substantive fairness criteria. The court approved the agreement, highlighting the union's right to bargain collectively and the importance of fair work practices.

The final orders included the approval of the ZAIN Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, recognising the union's role in collective bargaining and the importance of fair and reasonable work conditions. The court's decision underscored the statutory requirements for enterprise agreements and the importance of ensuring fairness in industrial relations.

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