DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4917)

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

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

Application for approval of the Concorp Group 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 Concorp Group 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.

[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 is approved and, in accordance with s.54 of the Act, 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 Construction, Forestry, Mining and Energy Union (CFMEU) and Concorp Group Pty Ltd, an Australian corporation, sought approval for an enterprise agreement under the Fair Work Act 2009. The CFMEU is an industrial union representing employees in the construction, forestry, mining, and energy sectors, while Concorp operates in the construction industry. The dispute centred around the terms and conditions of the proposed enterprise agreement for the period 2016-2018. The matter was heard in the Fair Work Commission, which has jurisdiction to approve, reject, or modify enterprise agreements under the Fair Work Act.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for terms and conditions of employment that were fair and reasonable. The Commission also had to consider whether the agreement was free from any prohibited content, such as terms that would undermine the operation of the Fair Work Act or the protection of employees' rights. Additionally, the Commission examined whether the agreement had been negotiated in good faith and if it contained appropriate dispute resolution procedures.

The Fair Work Commission found that the enterprise agreement was fair and reasonable, met the requirements of the Fair Work Act, and did not contain any prohibited content. The Commission concluded that the agreement had been negotiated in good faith and included appropriate dispute resolution procedures. The Commission approved the enterprise agreement, noting that it provided for a fair and reasonable balance between the interests of the employees and the employer. The Commission emphasised the importance of good faith negotiations and the inclusion of appropriate dispute resolution mechanisms in the agreement.

As a result of the Commission's decision, the Concorp Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and is now legally binding on the parties. The agreement sets out the terms and conditions of employment for employees within the scope of the agreement, including wages, hours of work, leave entitlements, and other employment-related matters. The approval of the enterprise agreement ensures that the employees and employer are governed by the terms of the agreement, promoting a stable and fair working environment.

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