DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4804)

BRONCO CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 AUGUST 2016

Application for approval of the Bronco Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Bronco Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector 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 12 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 matter involved an application for the approval of a proposed enterprise agreement between Bronco Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission in Australia. The central issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009 and met the criteria for approval under section 231 of the Act. Specifically, the Commission needed to determine if the agreement was fair and whether it contained the necessary minimum terms and conditions as stipulated by the legislation.

The Commission's analysis focused on various aspects of the agreement, including the terms regarding wages, hours of work, and other employment conditions. The union and the employer presented arguments and evidence supporting their respective positions on these matters. After thorough examination, the Commission concluded that the proposed agreement was fair and met all the necessary criteria for approval. The decision highlighted that the agreement provided for a reasonable balance of rights and obligations for both parties and was consistent with the principles of the Act.

Consequently, the Commission approved the Bronco Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The agreement was deemed to be compliant with the Fair Work Act and was therefore valid and binding on the parties. The Commission's decision was based on a detailed assessment of the agreement's provisions and the arguments presented by both the union and the employer. The final orders included the formal approval of the enterprise agreement, which would now govern the employment terms between the union and the employer for 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