DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4553)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 25 JULY 2016

Application for approval of the Alto BMG 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 Alto BMG 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 25 July 2016 and, in accordance with s.54, will operate from 1 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 case involved an application by Alto BMG Pty Ltd for approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission, which is responsible for approving enterprise agreements under Australian industrial relations law. The CFMEU contested the application, raising concerns about the terms and conditions outlined in the proposed agreement.

The central legal issues before the Commission were whether the proposed enterprise agreement met the requirements under section 230 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest, if it promoted workplace efficiency, and if it adhered to the principles of free and informed consent. The CFMEU argued that certain provisions of the agreement were not in the public interest, as they could potentially undermine the rights and protections of employees.

The Commission examined the provisions of the agreement and the evidence presented by both parties. It considered whether the agreement would promote workplace efficiency and ensure fair treatment of employees. The Commission also assessed the public interest implications of the agreement, taking into account the economic and social effects of the proposed terms and conditions. After careful consideration, the Commission concluded that the agreement met the necessary criteria and was in the public interest. The Commission approved the enterprise agreement, finding that it did not undermine the rights and protections of employees and would promote workplace efficiency.

The Fair Work Commission approved the Alto BMG Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, determining that it met the legal requirements under the Fair Work Act 2009. The Commission found that the agreement was in the public interest, promoted workplace efficiency, and adhered to the principles of free and informed consent. The decision was made in light of the evidence presented by both parties and the Commission's assessment of the agreement's provisions and implications.

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