DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4761)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	SYDNEY, 4 AUGUST 2016

Application for approval of the Platinum Labour 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 Platinum Labour 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.

[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 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 matter involved an application for the approval of an enterprise agreement between Platinum Labour Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The Fair Work Commission was the forum for this dispute, tasked with assessing whether the agreement met the necessary requirements for registration under the Fair Work Act 2009. The crux of the case centred on whether the enterprise agreement adhered to the legislative standards and procedural mandates stipulated by the Act.

The legal issues the Commission had to address included whether the agreement was genuinely negotiated between the parties, whether it was free from any improper influence or coercion, and if it complied with the procedural requirements for approval as outlined in the Fair Work Act. Additionally, the Commission needed to consider whether the agreement adequately provided for the rights and obligations of the employees and employers, including provisions for minimum wages, conditions, and dispute resolution mechanisms.

In its decision, the Commission examined the evidence presented regarding the negotiation process and the content of the agreement. It concluded that the agreement was genuinely negotiated between the parties and was free from any improper influence or coercion. The Commission found that the agreement was consistent with the procedural requirements for approval and adequately addressed the rights and obligations of the employees and employers. Based on these findings, the Commission approved the enterprise agreement, highlighting its compliance with the legislative framework and its potential to facilitate harmonious industrial relations.

The Fair Work Commission's final order was to approve the Platinum Labour Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, marking it as a legally binding document between the parties. The approval was contingent on the agreement being implemented in accordance with the terms specified within it, ensuring that it would serve as a basis for orderly industrial relations moving forward.

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