DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3713)

AUSTRALIAN POST TENSIONING PTY LTD T/AS AUSPT 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 Australian Post Tensioning Pty Ltd T/As AUSPT 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 Australian Post Tensioning Pty Ltd T/As AUSPT 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Australian Post Tensioning Pty Ltd, trading as AUSPT, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission, which is tasked with overseeing the approval process of enterprise agreements in Australia. The nature of the dispute centred on whether the proposed agreement complied with the necessary legal requirements and provisions of the Fair Work Act 2009.

The legal issues the court needed to resolve included whether the agreement had been made freely and fairly, whether it contained the necessary minimum entitlements, and whether it was in the best interests of the employees involved. Additionally, the court had to determine if the agreement was consistent with the provisions of the Fair Work Act 2009, particularly in terms of ensuring that it did not undermine the safety net of minimum entitlements. The court also needed to assess if the agreement contained appropriate dispute resolution mechanisms.

The Fair Work Commission, after careful consideration, determined that the agreement met all the necessary criteria. It was found that the agreement had been made freely and fairly, contained the required minimum entitlements, and was in the best interests of the employees. The court concluded that the agreement did not undermine the safety net of minimum entitlements and that it included appropriate dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement, finding that it complied with the relevant provisions of the Fair Work Act 2009.

The final orders of the Commission included the approval of the AUSPT and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement was to be registered and published in accordance with the Fair Work Act 2009, and it would then be binding on the parties involved.

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