DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5242)

COEN PRECAST PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 AUGUST 2016

Application for approval of the Coen Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Coen Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel 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 6 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

In the matter of the Construction, Forestry, Mining and Energy Union, the case before the Fair Work Commission involved an application for approval of the Coen Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018. The respondent, Coen Precast Pty Ltd, sought approval for the enterprise agreement, while the applicant, the Construction, Forestry, Mining and Energy Union, contested the application on various grounds.

The legal issues the court was required to decide centred around whether the agreement met the criteria for approval under the Fair Work Act 2009. This included determining whether the agreement had been fairly negotiated, provided for proper processes for resolving disputes, and included terms that complied with the Fair Work Act. The court also needed to consider whether the agreement was in the best interests of the employees covered by it.

In its reasoning, the court considered the submissions and evidence from both parties. The court found that the agreement had been fairly negotiated, as it was entered into after genuine bargaining between the parties. The court also determined that the agreement contained appropriate dispute resolution processes and included terms that complied with the Fair Work Act. The court concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment. Consequently, the court approved the enterprise agreement.

The final orders of the court included the approval of the Coen Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018, subject to the terms and conditions set out in the agreement. The court also ordered that the agreement be registered with the Fair Work Commission and that it would remain in force until superseded by a new agreement or until terminated in accordance with its terms.

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