| [2016] FWCA 4409 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2016/3714)
CONSTRUCTION CONTRACT LABOUR (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) LABOUR HIRE INDUSTRY ENTERPRISE AGREEMENT 2016-2018
Building, metal and civil construction industries | |
COMMISSIONER ROE | MELBOURNE, 5 JULY 2016 |
Application for approval of the Construction Contract Labour (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018.
[1] An application has been made for approval of an enterprise agreement known as the Construction Contract Labour (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry 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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- AGLC
- Construction, Forestry, Mining and Energy Union [2016] FWCA 4409
- Case
- [2016] FWCA 4409
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to address was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement was in the public interest and if it provided fair and reasonable terms and conditions for employees. The court had to consider various aspects of the agreement, such as pay rates, working hours, and other employment conditions, to determine its compliance with the relevant legislation.
In its decision, the court found that the proposed enterprise agreement largely met the criteria for approval. The agreement provided for fair and reasonable terms and conditions for employees and was in the public interest. The court acknowledged the need for a balance between the interests of employers, employees, and the broader community. While the court identified some areas of concern, it concluded that these did not outweigh the benefits of the proposed agreement. Consequently, the court approved the enterprise agreement, subject to certain conditions and modifications.
As a result of the court's decision, the Construction Contract Labour (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018 was approved. The agreement would now serve as the basis for employment terms and conditions for the specified period, providing a framework for the relationship between employers and employees in the labour hire industry within Victoria.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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