DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4696)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 3 AUGUST 2016

Application for approval of the AAJT Group 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 AAJT Group 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 3 August 2016 and, in accordance with s.54, will operate from 10 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 the Australian Associated Press Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was regarding the approval of the Enterprise Agreement 2016-2018. The Fair Work Commission was the court that dealt with this case.

The legal issues that the court had to decide upon were whether the Enterprise Agreement met the requirements under section 230 of the Fair Work Act 2009. The court had to consider whether the agreement provided for a fair and reasonable outcome for both parties and if it complied with the relevant provisions of the Act. The court also needed to determine if the agreement was free from any discriminatory provisions and whether the process of reaching the agreement was fair and reasonable.

In its decision, the court found that the Enterprise Agreement was fair and reasonable, and it met all the requirements under section 230 of the Fair Work Act 2009. The court concluded that the agreement provided for a fair outcome for both parties and complied with all the relevant provisions of the Act. The court also found that the agreement did not contain any discriminatory provisions and that the process of reaching the agreement was fair and reasonable. Therefore, the court approved the Enterprise Agreement 2016-2018 between the Australian Associated Press Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division).

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established