DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4595)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 JULY 2016

Application for approval of the Wellam Constructions 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 Wellam Constructions 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 28 July 2016 and, in accordance with s.54, will operate from 4 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 before the Fair Work Commission involved an application for the approval of an enterprise agreement between Wellam Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement in question was the Wellam Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues that the Commission had to address were whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, and whether it contained the necessary protections and entitlements for employees. This included verifying if the agreement had been fairly negotiated and if it provided fair terms and conditions of employment. The Commission also had to ensure that the agreement did not adversely affect employees' safety and health.

In reaching its decision, the Commission considered the evidence provided by both parties regarding the negotiation process and the contents of the agreement. It examined whether the agreement had been made in good faith, and if it provided for appropriate dispute resolution mechanisms. The Commission also assessed the agreement's compliance with the safety and health provisions under the Fair Work Act. After evaluating the submissions and evidence, the Commission concluded that the agreement met the necessary criteria for approval. It found that the agreement was fairly negotiated and contained adequate protections and entitlements for employees, as well as provisions for dispute resolution and employee safety and health.

The Commission approved the Wellam Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018, effective from the date of the decision. The agreement was deemed to be compliant with the requirements of the Fair Work Act, and it was registered accordingly.

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