DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4879)

SOLID REO 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 Solid Reo 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 Solid Reo 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

The case involved an application for the approval of an enterprise agreement between Solid Reo Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was made to the Fair Work Commission, Australia's workplace relations tribunal. The primary dispute centred around whether the enterprise agreement, which outlined terms and conditions of employment for workers in the construction industry, complied with the necessary legal requirements and standards set out under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement appropriately dealt with the employees' minimum entitlements, whether it ensured the protection of employees' rights, and if it was fairly negotiated and met the requirements for good faith bargaining. Additionally, the Commission had to consider if the agreement included provisions that went beyond the minimum standards set by the relevant industrial instrument and if it complied with the procedural requirements for such agreements.

The Fair Work Commission examined the provisions of the agreement in detail, considering the nature of the industry, the bargaining process, and the specific terms of the agreement. The Commission found that the agreement met the necessary legal standards, provided for fair and reasonable terms of employment, and was appropriately negotiated. It was determined that the agreement included provisions that exceeded minimum standards and complied with all procedural requirements. Consequently, the Commission approved the enterprise agreement, finding it to be in the best interests of the employees and compliant with the relevant legislation.

The final orders included the approval of the Solid Reo Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, affirming its validity and enforceability under the Fair Work Act 2009.

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