DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4633)

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

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

Application for approval of the Hands on Paving 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 Hands on Paving 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 29 July 2016 and, in accordance with s.54, 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 matter involved an application for the approval of the Hands on Paving Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, which was heard before the Fair Work Commission. The primary issue was whether the agreement met the requirements of section 233 of the Fair Work Act 2009, specifically focusing on the process of its making and the coverage of the employees it was intended to apply to.

The court had to determine if the agreement was genuinely a product of genuine agreement, as required by the legislation, and if it was properly made in accordance with the stipulated processes. This included examining whether the agreement was made between the employer and the employees or their representatives, and whether the employer had provided the necessary information to the employees to enable an informed decision. The court also needed to ascertain if the agreement covered all employees within the relevant bargaining unit as defined by the Act.

The Fair Work Commission found that the agreement was indeed a genuine agreement made in accordance with the legislative requirements. The process followed was compliant with the provisions of the Act, ensuring that the employees had the necessary information to make an informed decision. The agreement was also deemed to cover all employees within the specified bargaining unit. As a result, the Commission approved the Enterprise Agreement, affirming its compliance with the statutory criteria. The decision was based on the evidence presented that the agreement was the result of genuine negotiations and that the employees had the opportunity to engage in the 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