DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4619)

SERGI CONSTRUCTIONS 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 Sergi 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 Sergi 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 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

In the case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) and Sergi Constructions Pty Ltd applied for the approval of their Enterprise Agreement for the period 2016-2018. The dispute centred on whether the terms of the agreement were consistent with the provisions of the Fair Work Act 2009, particularly in relation to the process of certification and the terms regarding pay rates, hours of work, and other conditions of employment.

The primary legal issues before the Commission were whether the agreement had been made in good faith and whether it provided for the mandatory minimum entitlements as required by the Act. Specifically, the Commission needed to determine if the agreement met the standards for procedural fairness and if it contained all the mandated minimum terms and conditions as stipulated under the legislation. The CFMEU argued that the agreement adequately met these requirements, while Sergi Constructions Pty Ltd contended that certain provisions did not comply with the statutory obligations.

The Commission carefully reviewed the procedural fairness of the agreement-making process, finding that it had been conducted in good faith with adequate consultation between the parties. The Commission also assessed the substantive terms of the agreement, confirming that it included all the mandatory minimum entitlements as prescribed by the Act. Consequently, the Commission approved the Enterprise Agreement, acknowledging that it complied with the legal standards for both process and content.

As a result of the Commission's decision, the Sergi Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and registered. The terms of the agreement, as submitted, are now legally binding on the parties involved.

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