DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4966)

BLUE SAND ENGINEERING PTY LTD & GRAND DESIGN DEVELOPMENTS PTY LTD T/AS SIX STAR CONSTRUCTION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 AUGUST 2016

Application for approval of the Blue Sand Engineering Pty Ltd & Grand Design Developments Pty Ltd T/as Six Star Construction 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 Blue Sand Engineering Pty Ltd & Grand Design Developments Pty Ltd T/as Six Star Construction 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 12 August 2016 and, in accordance with s.54, will operate from 19 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 sought approval for an enterprise agreement between Blue Sand Engineering Pty Ltd & Grand Design Developments Pty Ltd trading as Six Star Construction, and the CFMEU (Victorian Construction and General Division). The union applied for the agreement to be approved, which had been negotiated with the employer. The agreement related to the terms and conditions of employment for employees within the enterprise bargaining area.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly regarding the provisions that deal with minimum entitlements. The union argued that the agreement met all legislative requirements and fairly represented the interests of the employees. The employer supported the union's position, stating that the agreement was the product of good faith negotiations and did not undermine any existing minimum standards.

The Commission carefully reviewed the agreement against the statutory criteria. It found that the proposed agreement did not include any provisions that would reduce the entitlements of employees below the minimum standards set by the Fair Work Act. The agreement contained provisions for wages, hours of work, and other conditions that were consistent with the legal framework. The Commission was satisfied that the agreement had been made in good faith and that it did not contain any terms that were contrary to public policy or the spirit of the Act. Consequently, the Commission approved the enterprise agreement, ensuring that it would now govern the employment conditions for the specified period.

The Fair Work Commission approved the enterprise agreement between Blue Sand Engineering Pty Ltd & Grand Design Developments Pty Ltd trading as Six Star Construction and the CFMEU (Victorian Construction and General Division) for the period 2016-2018.

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