DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4779)

BRADY CONSTRUCTIONS (VIC) 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 Brady Constructions (VIC) 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 Brady Constructions (VIC) 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 case before the Australian Industrial Relations Commission involved an application for the approval of an Enterprise Agreement between Brady Constructions (VIC) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues at the heart of this case revolved around whether the Enterprise Agreement adequately addressed the matters specified in section 234 of the Fair Work Act. These included whether the agreement was in writing, whether it was made in good faith, and whether it provided for a procedure to resolve disputes. Furthermore, the court had to consider whether the agreement included all the terms required by the Act, and whether it was consistent with the broader objectives of the Fair Work Act to promote harmonious, productive, and cooperative workplace relationships.

The Commission found that the proposed Enterprise Agreement met all the legal criteria for approval. It was in writing, had been made in good faith, and included a dispute resolution process. The agreement covered all necessary terms as required by the Fair Work Act and was consistent with the Act’s objectives. The Commission noted that the agreement had been negotiated in a manner that fostered cooperative and productive workplace relationships, and it did not contain any terms that were contrary to the public interest. Consequently, the Commission approved the Enterprise Agreement.

In light of the findings, the Commission granted the application for approval of the Enterprise Agreement, allowing it to come into effect from the specified date. The approval ensured that the terms and conditions of employment for the employees covered by the agreement were legally recognised and enforceable.

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