DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4754)

V CONSTRUCTIONS TRUST (THE TRUSTEE FOR) T/AS V CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

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

Application for approval of the V Constructions Trust (The Trustee for) T/As V Constructions 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 V Constructions Trust (The Trustee for) T/As V Constructions 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 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

In this case, the parties involved were the Construction, Forestry, Mining and Energy Union (CFMEU) and the V Constructions Trust, acting as the trustee for V Constructions Pty Ltd. The dispute centred around the application for approval of the CFMEU and V Constructions Pty Ltd Enterprise Agreement 2016 - 2018. This case was brought before the Fair Work Commission (FWC), which is the Australian industrial relations tribunal with the authority to approve, modify, or reject enterprise agreements.

The primary legal issues before the FWC were whether the agreement met the procedural and substantive requirements of the Fair Work Act 2009. Procedurally, the FWC examined whether the agreement was fairly made, which involved considering if the agreement was negotiated in good faith and if the process was free from any improper influence or coercion. Substantively, the FWC needed to assess whether the terms of the agreement were fair and reasonable, taking into account factors such as the balance of rights and obligations, the nature of the work performed, and the overall impact on the employees and the employer.

The FWC concluded that the agreement was fairly made and met all the necessary procedural requirements. The tribunal found that the negotiation process was conducted in good faith and there was no evidence of improper influence or coercion. Regarding the substantive fairness, the FWC determined that the terms of the agreement were reasonable and balanced, taking into account the nature of the industry, the economic context, and the interests of both parties. The FWC considered that the agreement provided adequate protections for employees while also allowing the employer to operate efficiently. Consequently, the FWC approved the agreement under the Fair Work Act.

As a result of the FWC's decision, the Enterprise Agreement 2016 - 2018 between the CFMEU and V Constructions Pty Ltd was approved and became legally binding. The agreement would govern the employment terms and conditions for the employees of V Constructions Pty Ltd during the specified period, ensuring a stable and fair working environment for both the employer and the employees.

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