DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4432)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 JULY 2016

Application for approval of the Oneway Constructions 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 Oneway Constructions 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 18 July 2016 and, in accordance with s.54, will operate from 25 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 court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Oneway Constructions Pty Ltd, with the dispute centering on the approval of the Enterprise Agreement for the period 2016-2018. The application was made to the Fair Work Commission (FWC), which held jurisdiction over the matter. The CFMEU sought approval of the agreement, while Oneway Constructions Pty Ltd expressed concerns regarding certain provisions within the agreement. The primary legal issue the FWC had to resolve was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009, including ensuring that the agreement was fairly and properly negotiated and did not unfairly discriminate against any party.

The FWC began its analysis by examining the process through which the agreement was negotiated, ensuring that it complied with the procedural fairness standards set out in the Fair Work Act. The Commission considered the involvement and representation of the parties, as well as the extent to which the agreement reflected the true intentions and negotiations of both parties. Additionally, the FWC evaluated the substantive terms of the agreement, including the pay rates, working conditions, and other employment-related provisions, to ascertain whether they were reasonable in the circumstances and did not unfairly disadvantage any party. The Commission also assessed whether the agreement contained any discriminatory terms that contravened the Act.

In its decision, the FWC found that the negotiation process had generally been fair and that the agreement reflected the true intentions of both parties. The Commission also determined that the substantive terms of the agreement were reasonable and did not unfairly disadvantage any party. The FWC noted that while some provisions might be contentious, they did not reach the threshold of unfair discrimination or unreasonableness that would warrant refusal of approval. Consequently, the FWC approved the enterprise agreement, subject to certain conditions that aimed to ensure compliance with the Fair Work Act.

The Fair Work Commission approved the Enterprise Agreement between Oneway Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018, subject to compliance with specific conditions designed to uphold the principles of fairness and reasonableness under the Fair Work Act.

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