DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5086)

O’TOOLE INDUSTRIES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 AUGUST 2016

Application for approval of the O’TOOLE INDUSTRIES 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 O’TOOLE INDUSTRIES 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 29 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between O’Toole Industries Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The applicant, O’Toole Industries, sought approval of the agreement under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission, which is the industrial relations tribunal with jurisdiction over such matters.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it was a genuine enterprise agreement, whether it contained terms that were unfair, and whether it complied with the procedural requirements of the Act. The Commission had to consider the evidence presented by both parties and determine whether the agreement was in the best interests of the employees and employers involved.

After reviewing the evidence and arguments presented, the Commission found that the enterprise agreement was genuine and complied with the procedural requirements of the Fair Work Act. The Commission also found that the agreement contained no unfair terms and was in the best interests of the employees and employers. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement between O’Toole Industries Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The agreement was found to be a genuine enterprise agreement, to contain no unfair terms, and to be in the best interests of the employees and employers involved. The approval of the agreement is binding on all parties and will govern the employment conditions of the employees for the duration of 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