DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4741)

SKILL LABOUR SERVICE 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 Skill Labour Service 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 Skill Labour Service 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 matter before the Fair Work Commission was an application for approval of the Skill Labour Service Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose as the applicant employer sought to finalise an enterprise agreement with its employees represented by the union. The agreement was to regulate employment terms and conditions over a three-year period. The Commission was tasked with assessing the agreement against the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. This included examining whether the agreement had been negotiated in good faith, whether it covered the mandated minimum terms and conditions, and if it was free from prohibited content. The Commission also considered whether the agreement provided for proper mechanisms for resolving disputes and whether it had been appropriately certified by the relevant independent umpire.

In deliberating on the application, the Commission carefully reviewed the negotiation process and the contents of the agreement. It examined the evidence provided by both parties and assessed whether the agreement met the statutory criteria. The Commission found that the agreement had been negotiated in good faith, covered all the mandated minimum terms and conditions, and did not contain any prohibited content. Additionally, the agreement included adequate dispute resolution mechanisms. Given these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Skill Labour Service Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding it to be compliant with all legal requirements. The approval is effective from the date of the decision, and the agreement will regulate the employment terms and conditions for the specified period.

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