DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3779)

ABD PERSONNEL 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 ABD Personnel 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 ABD Personnel 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 (CFMEU) applied for the approval of an enterprise agreement between the ABD Personnel Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009. The legal issues before the court involved scrutinising the provisions of the agreement to determine if they complied with the relevant statutory criteria, including the terms and conditions of employment, and whether the agreement was made in good faith.

The court examined the agreement to ensure it did not unfairly disadvantage employees, provided adequate protections, and was genuinely negotiated between the parties. A key aspect of the review was verifying that the agreement did not include terms that were contrary to public policy or that failed to meet the minimum standards set by the Act. The court also assessed whether the agreement was procedurally sound, including whether proper consultation and negotiation processes were followed.

After a thorough review, the court determined that the agreement substantially complied with the requirements of the Fair Work Act. The court found that the agreement was fair and balanced, providing adequate protections for employees while allowing for reasonable flexibility in the employment terms. Consequently, the court approved the enterprise agreement, subject to certain conditions. The final orders included the approval of the agreement with the specified conditions, ensuring that it would be registered and enforceable as a legally binding contract between the parties.

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