DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4488)

MEDLEY VIEW ELEVEN PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 JULY 2016

Application for approval of the MEDLEY VIEW ELEVEN PTY LTD and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the MEDLEY VIEW ELEVEN PTY LTD and the CFMEU (Victorian Construction and General Division) Brick Laying 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 20 July 2016 and, in accordance with s.54, will operate from 27 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 case before the Fair Work Commission involved an application for the approval of the Medley View Eleven Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. The application was brought by the union, which sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The agreement was intended to govern the terms and conditions of employment for brick layers working for Medley View Eleven Pty Ltd, a company engaged in the construction industry.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for registration. Specifically, the Commission had to determine if the agreement contained all the prescribed terms, was made in good faith, and was not made for the purpose of undermining the operation of the Fair Work Act. The union argued that the agreement was fair and reasonable and met all the necessary criteria for approval. The company, on the other hand, did not contest the fairness of the agreement but raised concerns about certain provisions, particularly those relating to the classification of workers.

In considering the application, the Commission examined the provisions of the agreement and assessed whether they complied with the legal requirements. The Commission found that the agreement contained all the prescribed terms and was made in good faith. The union had demonstrated that the agreement was not made for the purpose of undermining the operation of the Act. The Commission also noted that the concerns raised by the company did not amount to valid objections that would prevent the registration of the agreement. Consequently, the Commission approved the enterprise agreement, finding it to be a valid and binding contract between the parties.

The Fair Work Commission approved the Medley View Eleven Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018, thereby registering it as a registered enterprise agreement under the Fair Work Act 2009. This decision ensures that the agreement will govern the terms and conditions of employment for brick layers working for Medley View Eleven Pty Ltd for the specified period.

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