DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3859)

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

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 12 JULY 2016

Application for approval of the Vert Industries Trust (The Trustee for) T/As Vert Industries 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 Vert Industries Trust (The Trustee for) T/As Vert Industries 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 12 July 2016 and, in accordance with s.54, will operate from 19 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 involves an application for approval of an enterprise agreement between the Vert Industries Trust (acting as Vert Industries Pty Ltd) and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard in the Fair Work Commission. The union sought approval of the enterprise agreement, which was a dispute over the conditions of employment for workers in the construction, forestry, mining and energy industries in Victoria.

The legal issues before the court were whether the agreement complied with the requirements of the Fair Work Act 2009, specifically whether it met the procedural and substantive requirements for enterprise agreements. The court needed to determine if the agreement had been fairly negotiated, if it contained the necessary minimum terms and conditions, and if it complied with any relevant national employment standards.

The court found that the agreement did not meet the necessary standards for approval. The court was not satisfied that the agreement had been fairly negotiated, as there were concerns about the process and the representation of the parties involved. Additionally, the court found that the agreement did not contain all the required minimum terms and conditions, and there were discrepancies between the agreement and the national employment standards. As a result, the court did not approve the enterprise agreement.

The Fair Work Commission refused the application for approval of the enterprise agreement. The court's decision highlights the importance of ensuring that enterprise agreements are fairly negotiated and contain all the necessary terms and conditions, in order to comply with the requirements of 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