DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4477)

KEYSTONE VICTORIA 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 Keystone Victoria 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 Keystone Victoria 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Keystone Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant union, a registered organisation, sought to have the agreement approved under section 232 of the Fair Work Act 2009. The applicant company, which was a registered organisation, did not oppose the application.

The Commission needed to decide whether the agreement met the requirements for approval under the Fair Work Act. Specifically, it needed to determine if the agreement contained the minimum terms and conditions prescribed by the Act and if it was made in good faith and without the use of coercion or undue influence. The Commission also had to consider whether the agreement provided for a fair and efficient workplace and if it was consistent with the objects of the Act.

The Commission found that the agreement contained all the required minimum terms and conditions and that it was made in good faith. The Commission also found that the agreement provided for a fair and efficient workplace and was consistent with the objects of the Act. Therefore, the Commission approved the agreement. The Commission noted that the agreement provided for a range of protections for employees, including provisions for paid leave, maximum weekly hours of work, and a mechanism for resolving disputes. The Commission also noted that the agreement provided for a process for the negotiation of future enterprise agreements.

The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act. The modifications included changes to the provisions relating to the calculation of overtime and the provisions for the negotiation of future enterprise agreements. The Commission also made an order that the agreement be registered with the Australian Industrial Relations Commission.

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