DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4739)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 AUGUST 2016

Application for approval of the Parkform Constructions 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 Parkform Constructions 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 8 August 2016 and, in accordance with s.54, will operate from 15 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 applicant, Parkform Constructions Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provision of minimum pay rates and entitlements. The applicant argued that the agreement was fair and reasonable, while the union contended that certain provisions did not adequately protect employees.

The Commission carefully examined the provisions of the agreement against the statutory minimum standards set out in the Fair Work Act. It found that the agreement provided for pay rates and conditions that were, in the main, consistent with the minimum entitlements required by law. The Commission also considered the nature of the bargaining process and the extent to which the agreement reflected the interests of both parties. Ultimately, the Commission concluded that the agreement was fair and reasonable, taking into account all relevant factors, including the context of the industry and the bargaining power of the parties.

In light of its findings, the Commission approved the Parkform Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The decision was based on the comprehensive analysis of the agreement's provisions, the bargaining process, and the broader industrial context. The Commission's approval ensures that the agreement will operate as a legally binding contract between the parties, providing a framework for the employment relationship during the specified period.

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