DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3768)

I & D GROUP 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 I & D 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 I & D 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 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 Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of an enterprise agreement entered into with I & D Group Pty Ltd. The agreement was proposed for the period 2016 to 2018 and encompassed various terms and conditions of employment for employees in the relevant industry. The application for approval was brought before the Commission to ensure the agreement adhered to the legal standards and protections outlined in the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement met the procedural requirements for approval and if it complied with the substantive provisions of the Fair Work Act. The Commission had to consider if the agreement was made in good faith, if it provided for fair terms and conditions, and if it was appropriately certified by the relevant union. Additionally, the Commission assessed whether the agreement addressed matters that were genuinely in the interests of the employees and employers involved.

The Commission examined the procedural aspects of the agreement and found that all necessary steps were followed in its creation and certification. The Commission also considered the substantive provisions of the agreement, including wage rates, hours of work, and other employment conditions. It was determined that the agreement provided for fair and reasonable terms and conditions that balanced the interests of both employees and employers. The Commission found that the agreement was made in good faith and was in the best interests of the parties involved. Consequently, the Commission approved the enterprise agreement, ensuring that it would provide a fair and effective framework for the employment relationship between I & D Group Pty Ltd and the Construction, Forestry, Mining and Energy Union.

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