DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4714)

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

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

Application for approval of the Centracon 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 Centracon 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 14 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

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Centracon Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was heard in the Fair Work Commission. The primary issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included whether the agreement was genuinely negotiated, provided for minimum terms and conditions, and was in the best interests of the employees.

The court examined the evidence provided regarding the negotiation process and the terms of the agreement. It considered whether the agreement was fairly and genuinely negotiated between the employer and the union, and whether it provided for minimum terms and conditions of employment as required by the Act. The court also assessed whether the agreement was in the best interests of the employees, taking into account factors such as the agreement's provisions, the context of the industry, and the overall impact on employees.

After reviewing the evidence and arguments presented, the court found that the agreement was genuinely negotiated and met the statutory requirements for approval. The court was satisfied that the agreement provided for minimum terms and conditions and was in the best interests of the employees. Consequently, the court approved the agreement.

The Fair Work Commission approved the Centracon Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The court ordered that the agreement be approved and registered under the Fair Work Act 2009.

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