DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5182)

BURCON (VIC) 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 BURCON (VIC) 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 BURCON (VIC) 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the BURCON (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The agreement was made under the Fair Work Act 2009 and involved the negotiation between the union and the employer concerning the terms and conditions of employment for the workers.

The central legal issue before the Commission was whether the agreement met the statutory criteria for registration as a protected action agreement. This included examining whether the agreement contained the necessary provisions, was made in good faith, and whether it complied with the procedural requirements set forth by the Fair Work Act. Additionally, the Commission had to consider if the agreement facilitated the improvement of working conditions and if it was consistent with the broader principles of the Act.

The Commission found that the agreement satisfied all the necessary criteria for approval. It contained the required provisions, was made in good faith, and adhered to the procedural requirements. The agreement also demonstrated a positive impact on the working conditions of the employees. The Commission concluded that the agreement facilitated the improvement of working conditions and aligned with the objectives of the Fair Work Act. As a result, the Commission approved the enterprise agreement, allowing it to be registered and enforced.

The final orders of the Commission were that the BURCON (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 be approved and registered under the Fair Work Act 2009. The agreement was deemed to be a protected action agreement, and the parties were directed to comply with its terms and conditions.

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