DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4583)

URBAN ONE CONSTRUCTION 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 Urban One 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 the Urban One 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. 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 Construction, Forestry, Mining and Energy Union (CFME) sought approval of the Enterprise Agreement between Urban One Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) for the years 2016 to 2018. The dispute was brought before the Fair Work Commission, the body responsible for overseeing the approval process of enterprise agreements under the Fair Work Act 2009. The primary legal issue was whether the agreement met the requirements for approval under the Fair Work Act, specifically whether it provided for the proper resolution of employee issues, the protection of employees from adverse action, and whether it complied with the good faith bargaining requirements.

The Fair Work Commission found that the agreement did not adequately provide for the resolution of employee issues, as it lacked provisions for handling workplace disputes and grievances. Furthermore, the Commission determined that the agreement failed to protect employees from adverse action, as it did not include sufficient protections against dismissal. Additionally, the Commission found that the agreement did not meet the good faith bargaining requirements, as the parties did not engage in genuine negotiations and failed to consider the interests of all employees. Given these findings, the Fair Work Commission decided that the agreement did not meet the criteria for approval under the Fair Work Act.

Consequently, the Commission refused to approve the Enterprise Agreement between Urban One Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) for the years 2016 to 2018. The decision was based on the agreement's failure to address employee issues, protect against adverse action, and comply with good faith bargaining requirements. This ruling serves as a reminder for future enterprise agreements to ensure they meet the necessary legal standards and adequately protect employees' rights and interests.

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