DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3755)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 6 JULY 2016

Application for approval of the CNC PRO 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 CNC PRO 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 6 July 2016 and, in accordance with s.54, will operate from 13 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter under consideration involves an application for the approval of the CNC PRO PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The case was heard in the Fair Work Commission, where the central dispute centred around the fairness and appropriateness of the terms of the enterprise agreement. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the agreement, while CNC PRO PTY LTD contested certain aspects of the agreement, raising issues about the fairness and compliance with relevant labour laws.

The primary legal issues that the court had to address included whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009, specifically focusing on the procedural fairness of the agreement and its substantive terms. The court needed to determine if the agreement was made in good faith, if it appropriately addressed the interests of the employees, and if it complied with the provisions of the Act. Additionally, the court examined whether the agreement contained terms that were consistent with the objectives of the Fair Work Act, such as promoting harmonious, productive, and cooperative workplace relations.

The court meticulously reviewed the evidence presented by both parties and considered the nature of the bargaining process that led to the agreement. It examined the fairness of the terms in light of the economic context and the bargaining power of the parties. After thorough deliberation, the court concluded that the agreement met the necessary criteria for approval. The court found that the agreement was made in good faith, contained fair and reasonable terms, and aligned with the objectives of the Fair Work Act. Consequently, the court approved the enterprise agreement.

In summary, the Fair Work Commission approved the CNC PRO PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding that it was fairly made and complied with the relevant labour laws. The court's decision was based on a detailed examination of the bargaining process and the terms of the agreement, affirming its appropriateness for approval.

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