DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5176)

PREMIER DEVELOPMENTS 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 Premier Developments 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 Premier Developments 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

The case before the court involved an application for the approval of an enterprise agreement between Premier Developments Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The enterprise agreement, dated 2016-2018, was submitted for endorsement by the Fair Work Commission under the Fair Work Act 2009. The union and the employer sought the court's endorsement, as the commission found that the agreement met the statutory requirements for approval.

The primary legal issue before the court was whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly in relation to the good faith bargaining requirement, the procedural fairness in the negotiation process, and the overall fairness of the agreement's terms. The court had to determine if the agreement was made in good faith, if the necessary procedural steps were followed, and if the agreement was fair and reasonable in its terms.

The court examined the evidence and submissions provided by both parties, focusing on the negotiation process and the terms of the agreement. The court found that the agreement was the product of genuine negotiations between the parties, and that the union had acted in good faith throughout the process. The court also found that the procedural fairness was maintained, as the agreement was negotiated in a manner consistent with the requirements of the Fair Work Act. In addition, the court considered the fairness of the agreement's terms, which included provisions on wages, working conditions, and dispute resolution mechanisms. The court concluded that the agreement was fair and reasonable, as it balanced the interests of both the employer and the employees.

The court approved the enterprise agreement, endorsing it as meeting the requirements of the Fair Work Act. The agreement was therefore approved and became legally binding on the parties from the date of the court's decision. The endorsement ensured that the terms of the agreement would be enforced and that the parties were bound by the provisions outlined in the agreement.

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