DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4938)

FORM 700 PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 AUGUST 2016

Application for approval of the Form 700 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 Form 700 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 10 August 2016 and, in accordance with s.54, will operate from 17 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 this case, the applicant, Form 700 Pty Ltd, applied to the Fair Work Commission (FWC) for the approval of the Enterprise Agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The FWC was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The central legal issue was whether the agreement complied with the requirements for a certified agreement and whether it was in the best interests of the employees. Specifically, the FWC needed to assess if the agreement provided for fair and reasonable terms and conditions and if it was not detrimental to the employees' interests.

The FWC considered the nature of the bargaining process, the fairness of the terms and conditions, and the overall impact on the employees. The applicant argued that the agreement was a genuine and fair outcome of the bargaining process, while the union contended that certain terms were unfair and detrimental to the employees. The FWC examined the evidence presented by both parties and assessed whether the agreement met the statutory criteria for approval. The court determined that the agreement was a genuine and fair outcome of the bargaining process and met the criteria for approval under the Fair Work Act.

After thorough deliberation, the FWC found that the agreement was fair and reasonable and did not detrimentally affect the employees' interests. The FWC approved the Enterprise Agreement, finding it met the requirements for a certified agreement and was in the best interests of the employees. The FWC made an order approving the Enterprise Agreement between Form 700 Pty Ltd and the Construction, Forestry, Mining and Energy Union (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