DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4459)

OCON UNIT TRUST (THE TRUSTEE FOR) T/AS OCON GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 JULY 2016

Application for approval of the Ocon Unit Trust (The Trustee for) T/As Ocon Group 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 Ocon Unit Trust (The Trustee for) T/As Ocon Group 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 19 July 2016 and, in accordance with s.54, will operate from 26 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 applicant, Construction, Forestry, Mining and Energy Union, sought approval for an enterprise agreement between the applicant and the respondent, The Trustee for the Ocon Unit Trust trading as Ocon Group Pty Ltd. The application was brought before the Fair Work Commission. The primary dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it complied with the legal standards governing enterprise agreements.

The central legal issues revolved around whether the agreement was appropriately negotiated, whether it contained all the mandated terms and provisions, and if the agreement was fair and reasonable in terms of its impact on employees and the employer. Additionally, the court needed to determine whether the process of negotiation and agreement formation adhered to the procedural requirements set out in the Act.

The Fair Work Commission examined the negotiation process and found it to be conducted in good faith and without coercion. The court also scrutinised the terms of the agreement to ensure they covered all necessary aspects as required by the Fair Work Act. The commission concluded that the agreement was fair and reasonable, taking into account the interests of both employees and the employer. The court approved the enterprise agreement, finding it met all statutory requirements and was in the best interests of the parties involved.

As a result, the Fair Work Commission issued its approval of the enterprise agreement, ensuring that it would now be binding on the parties involved. This decision provides clarity and legal certainty for both the employer and the union moving forward.

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