DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4618)

3FOLD RESOURCES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 JULY 2016

Application for approval of the 3Fold Resources 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 3Fold Resources 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 27 July 2016 and, in accordance with s.54, will operate from 3 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 was an application for approval of the 3Fold Resources Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The union sought approval for the agreement, while the employer opposed the application, citing concerns about the agreement's provisions. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement contained the necessary "genuine agreement" and "no disadvantage" provisions, as required by the Fair Work Act. The employer argued that the agreement did not reflect a genuine agreement between the parties and that certain provisions would place employees at a disadvantage. The union contended that the agreement was the result of genuine bargaining and that it did not result in any disadvantage to employees.

The Fair Work Commission found that the agreement did contain the necessary genuine agreement and no disadvantaging provisions. The Commission held that the agreement was the product of genuine bargaining between the parties and that it did not result in any disadvantage to employees. The Commission noted that the agreement contained provisions that were in the best interests of the employees, including provisions relating to pay rates, working conditions, and dispute resolution. The Commission concluded that the agreement met the requirements of the Fair Work Act and approved the application for registration.

The Fair Work Commission approved the application for registration of the 3Fold Resources Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission found that the agreement met the requirements of the Fair Work Act and that it was in the best interests of the employees. The agreement was registered and will apply to employees of 3Fold Resources Pty Ltd for the period of 2016-2018.

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