DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4648)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JULY 2016

Application for approval of the Creden Construction 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 Creden Construction 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 5 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, Creden Construction Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU) under section 176 of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement should be certified as a registered agreement. The agreement in question covered a period of 2016 to 2018 and included terms relating to wages, conditions of employment, and other employment matters.

The legal issues before the Commission involved assessing whether the agreement complied with the formal requirements of section 228 of the Act, and whether the agreement was made in good faith and for the purpose of creating a workplace relations system. The Commission had to determine if the agreement met the standards for being certified as a registered agreement, including whether it provided for the prompt and orderly resolution of any disputes. Additionally, the Commission needed to consider whether the agreement provided for minimum wages and conditions, and if it allowed for flexibility in the workplace.

The Commission found that the agreement met the formal requirements and was made in good faith for the purpose of creating a workplace relations system. The Commission determined that the agreement provided for the prompt and orderly resolution of disputes and provided for minimum wages and conditions. The Commission also found that the agreement allowed for flexibility in the workplace, including provisions for a four-day work week and provisions for flexible working arrangements. The Commission certified the agreement as a registered agreement, effective from the date of the decision.

The Commission made an order that the Creden Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved as a registered agreement under section 176 of the Fair Work Act 2009. The order also provided that the agreement be published on the Fair Work Ombudsman's website.

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