DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4479)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 JULY 2016

Application for approval of the Straightline Contractors 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 Straightline Contractors 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 28 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Straightline Contractors Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard in the Fair Work Commission. The dispute centred around the terms of the proposed enterprise agreement, including issues such as pay rates, conditions of employment, and dispute resolution mechanisms.

The legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act 2009 and if it was in the best interests of the employees. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions, and if it was free from any improper influence or coercion. The Commission also had to determine if the agreement was consistent with the overarching objectives of the Fair Work Act, which includes promoting high levels of employment, fair and efficient industrial relations, and improving workplace relations.

The Commission examined the agreement in detail, taking into account submissions from both parties and any relevant evidence. The Commission determined that the agreement was fair and reasonable, and did not contain any terms that were contrary to public policy or that were otherwise unenforceable. The Commission also found that the agreement was not the product of any improper influence or coercion and was in the best interests of the employees. Consequently, the Commission approved the enterprise agreement.

In light of the findings, the Fair Work Commission approved the Straightline Contractors Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, with effect from 1 July 2016 to 30 June 2018. The agreement now serves as a legally binding contract between the employer and the employees represented by the union.

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