DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4517)

I4 DESIGN AND CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 JULY 2016

Application for approval of the I4 DESIGN AND 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 I4 DESIGN AND 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 22 July 2016 and, in accordance with s.54, will operate from 29 July 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 parties involved in this case were I4 Design and Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The nature of the dispute was the application for approval of the I4 Design and Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was heard by the Fair Work Commission.

The legal issues that the court needed to decide were whether the enterprise agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The court had to examine whether the agreement provided for minimum terms and conditions, if it had been negotiated in good faith, and if it had been properly certified by an accredited bargaining representative.

The court found that the enterprise agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The agreement provided for minimum terms and conditions, had been negotiated in good faith, and had been properly certified by an accredited bargaining representative. The court also found that the agreement would provide better outcomes for the employees than the applicable award or registered agreement. The court approved the enterprise agreement, and it came into effect on 1 July 2016.

The final orders of the court were that the I4 Design and Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and registered under section 186 of the Fair Work Act 2009. The agreement was to be in effect from 1 July 2016 until 30 June 2018, or until it was terminated or replaced by a new agreement. The court also ordered that the agreement be published on the Fair Work Commission's website and that a copy be provided to each party.

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