DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/106)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 1 FEBRUARY 2018

Application for approval of the Burton Industries 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 Burton Industries 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] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 1 February 2018 and, in accordance with s.54, will operate from 8 February 2018. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter under consideration involved an application for the approval of an enterprise agreement between Burton Industries Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which sought to determine the fairness of the proposed agreement according to the provisions of the Fair Work Act 2009. The central dispute concerned whether the terms of the agreement met the legislative criteria for being deemed a "genuine" enterprise agreement, specifically whether it was free from any improper influence or coercion and covered the appropriate bargaining scope.

The court was tasked with examining various aspects of the agreement to ascertain if it complied with the requirements of the Fair Work Act. Key issues included the scope of the agreement, whether it was appropriately focused on the enterprise as defined by the Act, and whether it included all necessary terms that should be addressed in a comprehensive enterprise agreement. Additionally, the court had to consider if any terms of the agreement unfairly disadvantaged employees or were otherwise against public policy.

Upon reviewing the agreement, the Fair Work Commission found that the terms were broadly in line with the legislative criteria. The court determined that the agreement was appropriately scoped and included all necessary terms, thus meeting the requirements for a genuine enterprise agreement. The commission noted that while there were some concerns regarding certain provisions, these did not outweigh the overall fairness and appropriateness of the agreement. Consequently, the court approved the enterprise agreement, acknowledging that it was fair and met all statutory requirements.

The final orders of the Fair Work Commission included the approval of the Burton Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, with specific conditions to ensure ongoing compliance and fairness.

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