DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3747)

OCC SERVICES PTY LTD T/AS OCC BUILDING SERVICES 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 OCC Services Pty Ltd T/As OCC Building Services 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 OCC Services Pty Ltd T/As OCC Building Services 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by OCC Services Pty Ltd T/As OCC Building Services for the approval of the Enterprise Agreement between the company and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute arose under the Fair Work Act 2009, with the Fair Work Commission handling the application. The central issue for the court was to determine whether the enterprise agreement complied with the provisions of the Fair Work Act, specifically focusing on the procedural fairness of the agreement and the extent to which it met the criteria for approval.

The court examined the procedural fairness of the agreement, including whether the union had genuinely bargained with the employer and whether the agreement was made in good faith. It also considered whether the agreement contained all the mandatory terms as required by the Fair Work Act and if it was consistent with the national employment standards. Furthermore, the court assessed whether the agreement had been fairly and adequately negotiated and if it provided for the proper representation of the employees' interests.

In its decision, the court found that the enterprise agreement was generally compliant with the requirements of the Fair Work Act. It held that the union had genuinely bargained with the employer, and the agreement was made in good faith. The court determined that the agreement contained all the mandatory terms and was consistent with the national employment standards. The court also concluded that the agreement had been fairly and adequately negotiated and that it provided for the proper representation of the employees' interests. Based on these findings, the court approved the enterprise agreement.

The court's final orders included the approval of the OCC Services Pty Ltd T/As OCC Building Services and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was to be registered and enforced as if it had been made directly between the parties, with the approval taking effect from the date of the decision. The court's approval was subject to the agreement being implemented in accordance with the terms set out in the decision.

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