DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5123)

TOPLINE SERVICES AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 AUGUST 2016

Application for approval of the Topline Services Australia 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 Topline Services Australia 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 1 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 case before the Fair Work Commission involved an application by Topline Services Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for approval of their Enterprise Agreement 2016-2018. The union and the employer submitted the agreement for approval, seeking to have it registered as a lawful agreement under the Fair Work Act 2009. The Commission was required to determine if the agreement met the criteria for approval as stipulated in the Act.

The primary legal issues the Commission had to address were whether the agreement had been made freely and voluntarily by the parties, without any duress or coercion, and whether it complied with the formal requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement contained all the mandatory terms required by the Act and if it was fair and reasonable in all its aspects. The Commission also needed to examine if the agreement had been appropriately negotiated in good faith and if it adequately protected the rights and interests of both the employees and the employer.

In rendering its decision, the Commission examined the evidence and submissions provided by both parties. It considered the negotiation process, the contents of the agreement, and the manner in which the agreement was finalised. The Commission found that the agreement had been made freely and voluntarily, without any evidence of coercion or duress. It also determined that the agreement complied with all the formal requirements of the Fair Work Act, including the inclusion of all mandatory terms. Furthermore, the Commission concluded that the agreement was fair and reasonable, taking into account the interests of both parties and the broader economic context. Consequently, the Commission approved the Enterprise Agreement 2016-2018, registering it as a lawful agreement under the Act.

The final orders of the Commission were to approve the Enterprise Agreement 2016-2018, effective from the date of the decision, and to register the agreement under the Fair Work Act. The agreement would now serve as a binding contract between Topline Services Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the specified period.

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