DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4700)

VERTIGO SPECIALIST HIGH ACCESS SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SPECIALISED ROPE ACCESS ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 AUGUST 2016

Application for approval of the Vertigo Specialist High Access Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as Vertigo Specialist High Access Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Specialised Rope Access 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 4 August 2016 and, in accordance with s.54, will operate from 11 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

In the matter of an application for approval of the Vertigo Specialist High Access Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Specialised Rope Access Enterprise Agreement 2016-2018, the Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The applicant, Vertigo Specialist High Access Services Pty Ltd, sought approval of the enterprise agreement, while the CFMEU (Victorian Construction and General Division) represented the employees.

The legal issues before the Commission involved assessing the agreement's compliance with the Act, including whether the agreement contained all the mandatory terms and conditions, and whether it was made in good faith. The Commission had to consider if the agreement was genuinely negotiated between the employer and the union, and whether it provided for the resolution of any disputes that might arise during the agreement's term.

The Commission found that the agreement was made in good faith and genuinely negotiated, as evidenced by the documentation and testimonies provided. The agreement contained all the mandatory terms and conditions required by the Act, including provisions for the resolution of disputes. The Commission concluded that the agreement met the criteria for approval and granted the application. The decision underscores the importance of ensuring that enterprise agreements are negotiated in good faith and contain all necessary terms to provide a fair and effective framework for the employment relationship.

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