DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5057)

ELEPHANTS FOOT WASTE COMPACTORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 18 AUGUST 2016

Application for approval of the Elephants Foot Waste Compactors 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 Elephants Foot Waste Compactors 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 18 August 2016 and, in accordance with s.54, will operate from 25 August 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 sought approval of an enterprise agreement with Elephants Foot Waste Compactors Pty Ltd. The union argued that the agreement was in the interests of the employees as it provided for fair and reasonable terms and conditions of employment. The company opposed the application on the basis that the agreement did not meet the requirements of section 232 of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether the agreement was in the interests of the employees.

The Commission found that the agreement met the requirements of the Fair Work Act as it contained the minimum terms and conditions prescribed by the Act and it was not contrary to any relevant laws. The Commission also found that the agreement was in the interests of the employees as it provided for fair and reasonable terms and conditions of employment. The company's opposition to the agreement was based on the argument that the agreement did not provide for adequate consultation with employees. However, the Commission found that the union had taken all reasonable steps to consult with employees and that the agreement reflected the views of the majority of employees.

The Fair Work Commission approved the enterprise agreement. The company was ordered to give effect to the agreement and to comply with all its terms and conditions. The union was also ordered to take all reasonable steps to ensure that the agreement was brought to the attention of all employees and that they were given an opportunity to be consulted about the agreement. The decision of the Commission was based on the evidence before it and the findings that the agreement met the requirements of the Fair Work Act and was in the interests of the employees.

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