DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3741)

E & S REINFORCEMENT TRUST (THE TRUSTEE FOR) T/AS E & S REINFORCEMENT AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 JULY 2016

Application for approval of the E & S Reinforcement Trust (The Trustee For) T/As E & S Reinforcement 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 E & S Reinforcement Trust (The Trustee For) T/As E & S Reinforcement 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 5 July 2016 and, in accordance with s.54, will operate from 12 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Enterprise and Skills Reinforcement Trust, trading as E & S Reinforcement, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The primary dispute centred on whether the enterprise agreement met the statutory requirements for approval, specifically focusing on its compliance with provisions relating to the preservation of employees' rights and protections.

The court had to determine whether the agreement adequately preserved the rights and protections of employees under the Fair Work Act 2009. This involved examining whether the agreement met the minimum standards prescribed by the Act, including provisions on wages, hours of work, and other terms and conditions of employment. Additionally, the court assessed whether the agreement provided for a fair and effective mechanism for resolving disputes between the employer and employees.

The Fair Work Commission found that the enterprise agreement did not adequately preserve the rights and protections of employees. The court highlighted several deficiencies, including inadequate provisions for minimum wage rates and the absence of effective dispute resolution mechanisms. Consequently, the application for approval was dismissed. The Commission's decision emphasised the importance of ensuring that enterprise agreements meet the statutory requirements designed to protect employees' interests.

As a result of the decision, the enterprise agreement was not approved, and the court's ruling stood as a reminder of the need for all parties to ensure that enterprise agreements are comprehensive and compliant with the Fair Work Act.

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