DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5013)

BUILTRITE CONSTRUCTIONS (AUST) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 AUGUST 2016

Application for approval of the Builtrite Constructions (Aust) 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 Builtrite Constructions (Aust) 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 15 August 2016 and, in accordance with s.54, will operate from 22 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEUA) lodged an application for approval of an Enterprise Agreement with Builtrite Constructions (Aust) Pty Ltd. The dispute centred around the terms of the proposed agreement and whether they met the necessary legal standards for approval under the Fair Work Act 2009. The court was tasked with reviewing the agreement to determine if it provided for fair and reasonable terms for the employees and if it complied with the legislative requirements.

The primary legal issues revolved around the fairness and reasonableness of the terms proposed in the agreement, the process through which the agreement was made, and whether it contained all the mandated minimum terms as per the Fair Work Act. Additionally, the court needed to ensure that the agreement was not detrimental to the employees and that the process of reaching the agreement was free from any unfair practices. The court also had to consider the submissions from both parties and any other relevant evidence or arguments presented during the hearing.

After reviewing the submissions and the evidence presented, the Fair Work Commission found that the Enterprise Agreement contained terms that were fair and reasonable for the employees. The court determined that the agreement complied with all the legislative requirements and did not contain any terms that would be detrimental to the employees. The process through which the agreement was made was deemed to be fair and free from any unfair practices. Consequently, the court approved the Enterprise Agreement between the CFMEUA and Builtrite Constructions (Aust) Pty Ltd for the period 2016-2018.

The final orders of the court included the approval of the Enterprise Agreement, subject to the terms and conditions as outlined in the agreement. The court also ordered that the agreement be registered with the Fair Work Commission and that it be in effect from the date of approval until the end of the specified period. Additionally, the court directed that both parties adhere to the terms and conditions of the agreement and to resolve any disputes arising from the agreement through the processes outlined within it.

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