DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4799)

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

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

Application for approval of the Australia Cenvic Construction 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 Australia Cenvic Construction 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 5 August 2016 and, in accordance with s.54, 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 applicant, Australia Cenvic Construction Pty Ltd, sought approval for an enterprise agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement, covering the period 2016-2018, was proposed to govern the terms and conditions of employment for employees within the union's jurisdiction. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement provided for the fair and efficient resolution of workplace issues, as required by section 232 of the Fair Work Act. The court needed to examine the provisions of the agreement and assess whether they met the necessary criteria, including the facilitation of flexible and adaptable workplace arrangements, the promotion of productivity, and the avoidance of industrial action. Additionally, the court had to ensure that the agreement did not disadvantage employees in a way that was not in their best interests.

In delivering its decision, the Commission noted that the agreement contained provisions that facilitated flexible and adaptable workplace arrangements, promoted productivity, and provided for the fair and efficient resolution of workplace issues. The Commission was satisfied that the agreement met the requirements of the Fair Work Act, including the provisions for good faith bargaining and the avoidance of industrial action. The Commission also found that the agreement did not disadvantage employees in a way that was not in their best interests, and approved the application for the agreement to be registered.

The Commission approved the application for the Australia Cenvic Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, and the agreement was registered under the Fair Work Act. The decision provides guidance to employers and unions on the requirements for an enterprise agreement to be approved by the Fair Work Commission, and reinforces the importance of good faith bargaining and the avoidance of industrial action in the resolution of workplace issues.

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