DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5244)

NORRIS PLANT HIRE (GEELONG) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

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

Application for approval of the Norris Plant Hire (Geelong) 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 Norris Plant Hire (Geelong) 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 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

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to approve an Enterprise Agreement between the Norris Plant Hire (Geelong) Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The applicant, the CFMEU, sought approval for the agreement under the Fair Work Act 2009, arguing that it met the criteria for registration as a single-employer, single-industry enterprise agreement. The respondent, Norris Plant Hire, did not oppose the application, but raised concerns about the potential impact of certain provisions on its business operations.

The central legal issue before the Commission was whether the proposed Enterprise Agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was a genuine enterprise agreement, contained permissible terms and conditions, and did not unfairly discriminate against any employee or group of employees. Additionally, the Commission considered whether the agreement was in the best interests of the employees and whether it complied with the relevant industrial relations laws.

In assessing the application, the Commission examined the content and context of the proposed agreement, taking into account submissions from both parties and relevant legal principles. The Commission found that the agreement was a genuine enterprise agreement as it was negotiated in good faith and contained terms and conditions that were fair and reasonable. Furthermore, the Commission determined that the agreement did not unfairly discriminate against any employees and was in their best interests. The Commission also found that the agreement complied with the requirements of the Fair Work Act and did not contain any terms that were contrary to public policy.

The Fair Work Commission approved the Norris Plant Hire (Geelong) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, making it a registered agreement under the Fair Work Act. The agreement, which will govern the employment conditions of workers in the Geelong region for the next three years, now has the force of law and must be complied with 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