DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4768)

VIC TRADE SAFETY 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 Vic Trade Safety 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 Vic Trade Safety 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 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

The parties involved in the case were Vic Trade Safety Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), which together sought approval of the Enterprise Agreement 2016-2018. The dispute centred around whether the agreement met the necessary criteria under the Fair Work Act 2009, specifically whether it contained the mandated minimum terms and conditions of employment. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue before the court was whether the Enterprise Agreement fulfilled the requirements set out in the Fair Work Act, particularly whether it included the mandated minimum terms and conditions and whether it was made in good faith. Additionally, the court had to consider whether the agreement provided for proper employee representation and whether it was consistent with the public interest.

The Fair Work Commission found that the Enterprise Agreement satisfied all statutory requirements. It contained the necessary minimum terms and conditions and was made in good faith. The agreement was also deemed to provide for adequate employee representation and did not conflict with the public interest. Consequently, the court approved the Enterprise Agreement, allowing it to come into effect as a legally binding contract between Vic Trade Safety Pty Ltd and the union.

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