DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4679)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 AUGUST 2016

Application for approval of the Wicklow 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 Wicklow 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 1 August 2016 and, in accordance with s.54, will operate from 8 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 application for approval of the Wicklow Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was heard by the Fair Work Commission. The dispute arose from the need to approve an enterprise agreement under the Fair Work Act 2009. The Wicklow Group Pty Ltd and the CFMEU sought the Commission's approval of their enterprise agreement which outlined terms and conditions of employment for employees within the company. The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act and if it was in the best interests of the employees it sought to cover.

The Commission examined the agreement to determine if it complied with the requirements of the Fair Work Act, including provisions on minimum entitlements and the process for its creation. The Commission also assessed whether the agreement was made in good faith and whether it provided for the proper operation of businesses. The Court found that the agreement was appropriately negotiated, met the statutory criteria, and was in the best interests of the employees. The agreement provided for fair terms and conditions, addressing key employment issues, and was not contrary to public policy.

In light of the findings, the Commission approved the Wicklow Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was deemed to provide fair and reasonable terms and conditions of employment and was in the best interests of the employees. The Commission's decision was based on the evidence presented, which demonstrated that the agreement was negotiated in good faith and met the statutory requirements for approval. The final orders of the Commission were that the enterprise agreement be approved as lodged, effective from the date of the 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