DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5278)

MAINLAND CIVIL VIC PTY LIMITED 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 MAINLAND CIVIL VIC PTY LIMITED 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 MAINLAND CIVIL VIC PTY LIMITED 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration involved an application for approval of the Enterprise Agreement between Mainland Civil Vic Pty Limited and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The application was heard by the Fair Work Commission, an Australian tribunal with jurisdiction over employment-related disputes. The core dispute centred on whether the proposed terms and conditions of employment, as outlined in the enterprise agreement, were fair and reasonable, and complied with the relevant statutory framework.

The legal issues that the Fair Work Commission had to resolve included whether the agreement met the "better-off, overall test," which requires that employees be no worse off financially under the new agreement compared to their existing conditions. Additionally, the Commission needed to ensure that the agreement did not unfairly discriminate against any group of employees and complied with all relevant industrial laws and regulations. Another significant aspect was the assessment of whether the agreement was made in good faith and involved genuine bargaining between the parties.

In its decision, the Fair Work Commission carefully examined the submissions and evidence provided by both parties. The Commission concluded that the agreement did meet the better-off, overall test and did not unfairly discriminate against any employees. It was found that the agreement was the result of genuine and good-faith bargaining, and all terms were fair and reasonable within the legal framework. Based on these findings, the Commission approved the enterprise agreement.

As a result of the approval, the enterprise agreement between Mainland Civil Vic Pty Limited and the CFMEU (Victorian Construction and General Division) for the specified period became legally binding. This decision sets a precedent for similar agreements in the industry and ensures that the terms of employment are fair and comply with the necessary legal standards.

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