DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3745)

TRIMPILE 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 Trimpile 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 Trimpile 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between Trimpile Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission, which is tasked with approving enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the criteria for approval as stipulated in the Act, specifically focusing on whether it provided for fair and reasonable terms and conditions.

The primary legal issues the court needed to address were whether the agreement complied with the requirements of the Fair Work Act and whether it met the statutory obligations for fair and reasonable terms and conditions. Key points of contention included the fairness of the provisions related to the classification and remuneration of employees, the inclusion of appropriate dispute resolution mechanisms, and whether the agreement provided for a fair balance between the rights and obligations of the parties.

The Fair Work Commission, after reviewing the application and considering submissions from both parties, determined that the proposed agreement met the necessary statutory criteria. The Commission found that the agreement provided for fair and reasonable terms and conditions, including adequate classification and remuneration provisions, and included appropriate dispute resolution mechanisms. The Commission was satisfied that the agreement provided for a fair balance between the rights and obligations of the parties, thus meeting the requirements for approval under the Act.

The Fair Work Commission approved the Trimpile Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, confirming its compliance with the statutory requirements. The court's decision was based on the comprehensive review of the agreement's provisions and the submissions from both parties, affirming that the agreement was fair and reasonable in all respects.

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