DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5025)

CONSTRUCTION & CONTRACTING GROUP UNIT TRUST T/AS C2 GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 17 AUGUST 2016

Application for approval of the Construction & Contracting Group Unit Trust T/As C2 Group 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 Construction & Contracting Group Unit Trust T/As C2 Group 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 17 August 2016 and, in accordance with s.54, will operate from 24 August 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 matter under consideration involved the Construction & Contracting Group Unit Trust, operating under the name C2 Group, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The primary issue was the application for the approval of the Enterprise Agreement 2016-2018 between these entities. This case was adjudicated in the Fair Work Commission, which has the authority to assess and approve enterprise agreements in line with the Fair Work Act 2009.

The legal issues central to the case required the Commission to determine whether the proposed enterprise agreement met the statutory criteria for approval. Specifically, the Commission needed to assess whether the agreement was fairly negotiated, contained appropriate dispute resolution provisions, and did not disadvantage employees. The Commission also had to consider if the agreement complied with the mandated terms and conditions set out in the Fair Work Act.

In reaching its decision, the Commission examined the negotiation process, the content of the agreement, and its alignment with the legislative framework. The Commission found that the agreement was negotiated in good faith and contained adequate provisions for resolving disputes. The terms and conditions of the agreement were also deemed to be fair and in line with the requirements of the Act. As a result, the Commission approved the enterprise agreement, confirming that it met all necessary legal standards.

The final orders of the Commission included the approval of the Construction & Contracting Group Unit Trust T/As C2 Group and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, subject to the terms and conditions outlined in the agreement. The approval was effective from the date of the decision, ensuring that the agreement could be implemented as intended.

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