DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4422)

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

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 15 JULY 2016

Application for approval of the Oneway Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering 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) Plastering 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 15 July 2016 and, in accordance with s.54, will operate from 22 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Oneway Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018. The application was made to the Fair Work Commission (FWC), which was required to determine if the agreement met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement contained provisions that were contrary to the public interest and thus not eligible for approval under the Act.

The primary legal issue before the FWC was whether certain provisions of the enterprise agreement contravened the public interest. The FWC had to consider if the provisions were necessary to protect the interests of employees and if they aligned with the objectives of the Act, which includes promoting high levels of employment and productivity. Additionally, the FWC assessed if the agreement provided for a fair and efficient system of regulating the terms and conditions of employment.

The FWC found that while the agreement contained some provisions that were contrary to the public interest, these were outweighed by the overall benefits of the agreement to the employees. The FWC concluded that the agreement promoted fair and efficient regulation of employment terms and conditions, which aligned with the objectives of the Act. The FWC approved the enterprise agreement, noting that the benefits to the employees justified the inclusion of the provisions that were contrary to the public interest. The FWC made orders approving the enterprise agreement, subject to certain conditions to ensure compliance with the Act.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established