DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4653)

PRO-TECH HOARDINGS 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 Pro-Tech Hoardings 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 Pro-Tech Hoardings 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 present case involved an application by Pro-Tech Hoardings Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for approval of an Enterprise Agreement. The application was heard in the Fair Work Commission. The union and the employer sought to have their proposed agreement approved as a modern award, which would apply to their employees.

The primary legal issue before the court was whether the proposed Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the requirements for registration under section 231 of the Act, including whether it provided for the fair and efficient resolution of workplace disputes and provided for the protection of employees' rights.

The court found that the proposed agreement met all the necessary criteria for registration. It provided for the fair and efficient resolution of workplace disputes, as well as the protection of employees' rights. The court also found that the agreement was in the best interests of the employees covered by it. The court approved the Enterprise Agreement, and it will now apply to the employees of Pro-Tech Hoardings Pty Ltd and the CFMEU (Victorian Construction and General Division).

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