DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3838)

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

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 11 JULY 2016

Application for approval of the HICKORY 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 HICKORY 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 11 July 2016 and, in accordance with s.54, will operate from 18 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 parties involved in the case were HICKORY GROUP PTY LTD and the Construction, Forestry, Mining and Energy Union (CFMEUPTY LTD, CFMEU). The dispute centred around the approval of the Enterprise Agreement 2016-2018 between the two parties, and it was heard in the Fair Work Commission. The Fair Work Commission is responsible for approving enterprise agreements under the Fair Work Act 2009 (Cth), which is a federal law governing employment conditions in Australia. The Commission's role is to ensure that the agreements meet certain legal standards, including fairness and the avoidance of exploitation.

The primary legal issues the Commission had to address were whether the agreement was genuinely an enterprise agreement and whether it was fair and reasonable. To be considered genuine, the agreement must be made by parties who have the capacity to negotiate and agree, and it must not be the result of any form of coercion or undue influence. Fairness and reasonableness refer to the terms and conditions of the agreement, which should be balanced and equitable for both parties. The Commission also had to consider whether the agreement complied with the provisions of the Fair Work Act and related regulations.

In reaching its decision, the Commission carefully examined the negotiation process and the contents of the agreement. It found that the agreement was genuinely negotiated and not the result of any coercion or undue influence. The Commission also concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the needs and interests of both parties. The Commission noted that the agreement provided for a fair balance of rights and obligations, with provisions that were consistent with industry standards and practices. Based on these findings, the Commission approved the Enterprise Agreement 2016-2018 between HICKORY GROUP PTY LTD and the CFMEU.

The final orders of the Commission were that the Enterprise Agreement 2016-2018 between HICKORY GROUP PTY LTD and the CFMEU be approved, effective from the date of the decision. The approval ensures that the agreement is legally binding on both parties and can be enforced in accordance with the terms and conditions set out in the agreement. This decision provides certainty and stability to the employment relationship between HICKORY GROUP PTY LTD and the CFMEU for the duration of the agreement.

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