DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4688)

CAELLI CONSTRUCTIONS (VIC) 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 Caelli Constructions (VIC) 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 Caelli Constructions (VIC) 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 applicant, Caelli Constructions (VIC) Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) have applied to the Fair Work Commission for approval of their Enterprise Agreement 2016-2018. The primary dispute centres on whether the proposed agreement complies with the relevant provisions of the Fair Work Act 2009. The matter was heard and determined by the Fair Work Commission, an independent statutory body established to promote the resolution of workplace disputes and to regulate the operation of workplace relations in Australia.

The legal issues before the Commission included whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether the agreement was procedurally fair. The Commission had to consider whether the bargaining process adhered to the Fair Work Act's requirements and whether the agreement met the criteria for being a "single interest" agreement. Additionally, the Commission assessed whether the agreement provided for appropriate mechanisms for resolving disputes and whether it was consistent with the broader public interest.

In its decision, the Commission found that the bargaining process was conducted in good faith and that the agreement contained the necessary minimum terms and conditions. The Commission noted that the agreement was made in the context of a genuine enterprise agreement process and that it was a "single interest" agreement. The Commission also determined that the agreement provided for adequate mechanisms for resolving disputes and that it was consistent with the public interest. The Commission concluded that the agreement met the statutory requirements and approved it under the Fair Work Act.

As a result of the Commission's decision, the Caelli Constructions (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 has been formally approved. The agreement will now govern the terms and conditions of employment for the relevant employees during the specified period, subject to the usual protections and rights under the Fair Work Act. The decision sets a precedent for future enterprise agreements within the construction industry and reinforces the importance of adhering to the legislative framework in the negotiation and approval process.

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