DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3758)

PROOF TECH SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the Proof Tech Solutions 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 Proof Tech Solutions 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 7 July 2016 and, in accordance with s.54, will operate from 14 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

In the recent matter before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) and Proof Tech Solutions Pty Ltd sought approval of an enterprise agreement. The agreement, covering the period from 2016 to 2018, was intended to regulate the employment conditions of employees within the specified industries. The CFMEU, representing the employees, and Proof Tech Solutions, the employer, jointly applied for the agreement's approval, which was necessary to ensure its enforceability.

The central legal issue before the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for minimum terms and conditions of employment that complied with the provisions of the Act. This included assessing whether the agreement contained the mandatory terms prescribed by the Act and whether it was fair and reasonable in all its aspects. The Commission also needed to consider if the agreement was made in good faith and without coercion.

The Fair Work Commission found that the enterprise agreement met all the statutory requirements. The agreement contained the mandatory terms prescribed by the Act and provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement was made in good faith and without coercion, as evidenced by the negotiations between the parties and the absence of any undue influence. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the legislative framework.

The Fair Work Commission's decision resulted in the approval of the Proof Tech Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This approval ensures that the agreement will be legally enforceable, providing a framework for the employment conditions of the employees covered by the agreement. The decision underscores the importance of ensuring that enterprise agreements meet the statutory requirements to maintain industrial harmony and protect the rights of both employers and employees.

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