DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5200)

HPC HIGH PRESSURE CLEANING SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the HPC High Pressure Cleaning Services 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 HPC High Pressure Cleaning Services 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 5 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) applied for the approval of the HPC High Pressure Cleaning Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement sought to regulate the terms and conditions of employment for the employees of HPC. The dispute arose as the applicant union, CFMEU, and the employer, HPC, could not reach an agreement on the terms of the enterprise agreement.

The central legal issue before the court was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained the required minimum terms, whether it was free from prohibited content, and if it was made in good faith. Furthermore, the court had to consider whether the agreement was made in accordance with the process outlined in the Act.

In reaching its decision, the court examined the contents of the enterprise agreement and assessed whether it met the legislative requirements. The court found that the agreement contained the necessary minimum terms and was free from prohibited content. It also determined that the agreement was made in good faith and in accordance with the process set out in the Fair Work Act. Consequently, the court approved the enterprise agreement.

As a result of the court's decision, the HPC High Pressure Cleaning Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and is now a legally binding document governing the terms and conditions of employment for the employees of HPC.

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