DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4743)

CROWN INSTALLATIONS 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 Crown Installations 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 Crown Installations 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

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CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between Crown Installations Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it provided for minimum entitlements and whether it complied with procedural fairness requirements.

The Commission examined the agreement to ensure it did not disadvantage employees by reducing their minimum entitlements and considered whether the agreement was fairly negotiated. The Commission found that the agreement did not disadvantage employees as it provided for terms and conditions that were not less favourable than the relevant modern award. Additionally, the process of negotiation and consultation was found to be compliant with procedural fairness standards, ensuring the agreement was genuinely negotiated and agreed upon by the parties.

The Fair Work Commission approved the enterprise agreement, confirming that it met all statutory requirements. The decision highlighted the importance of ensuring that enterprise agreements do not diminish the minimum standards provided by awards and that the negotiation process is fair and transparent. The approval of the agreement allows the parties to operate under its terms, providing certainty and stability in their industrial relations arrangements.

The final orders included the approval of the enterprise agreement, effective from the specified period, and the setting aside of any previous orders that were inconsistent with the Commission's decision.

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