DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4890)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 AUGUST 2016

Application for approval of the Solo Projects 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 Solo Projects 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 9 August 2016 and, in accordance with s.54, will operate from 16 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 applied for approval of the Solo Projects Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement had been negotiated between the union and the employer, and was intended to regulate the employment conditions of workers employed by Solo Projects Pty Ltd. The union argued that the agreement met the statutory criteria for approval, including that it facilitated the efficient operation of the enterprise and provided for the fair treatment of employees. The application was opposed by Solo Projects Pty Ltd, which argued that certain provisions of the agreement were inconsistent with the statutory requirements.

The central legal issue before the Commission was whether the agreement met the statutory criteria for approval, including that it facilitated the efficient operation of the enterprise and provided for the fair treatment of employees. The Commission considered whether certain provisions of the agreement were inconsistent with the statutory requirements, including provisions that were alleged to be inconsistent with the requirement for the agreement to facilitate the efficient operation of the enterprise. The Commission also considered whether the agreement provided for the fair treatment of employees, including by providing for appropriate mechanisms for dispute resolution.

After considering the evidence and submissions from both parties, the Commission determined that the agreement met the statutory criteria for approval. The Commission found that the provisions that were alleged to be inconsistent with the requirement for the agreement to facilitate the efficient operation of the enterprise did not, in fact, do so, and that the agreement provided for appropriate mechanisms for dispute resolution. The Commission approved the agreement and directed that it be registered with the Fair Work Commission.

The Commission's decision provides guidance on the criteria for the approval of enterprise agreements, and the importance of ensuring that such agreements meet the statutory requirements. The decision also highlights the need for careful consideration of the provisions of an agreement, and the importance of appropriate dispute resolution mechanisms. The outcome of the case is that the Solo Projects Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 has been approved and is now in force.

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