DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3668)

EFE CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for approval of the EFE Construction 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 EFE Construction 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 1 July 2016 and, in accordance with s.54, will operate from 8 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 before the Fair Work Commission was an application for the approval of the Enterprise Agreement between EFE Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the years 2016-2018. The dispute centred around whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The agreement had been negotiated between the employer and the union, but required the Commission's approval to ensure it complied with the Act's provisions.

The legal issues before the Commission involved verifying that the agreement was fairly negotiated, covered the appropriate employees, and complied with the good faith bargaining obligations set out in the Act. Additionally, the Commission had to ensure that the agreement did not disadvantage employees in a way that was inconsistent with the provisions of the National Employment Standards or the Fair Work Act. The Commission also needed to confirm that the agreement did not include any provisions that could be considered contrary to public policy.

The Commission examined the evidence presented by both parties and found that the agreement had been fairly negotiated and was in compliance with the requirements of the Fair Work Act. The agreement was deemed to cover the appropriate employees and did not disadvantage them in any way. The Commission also concluded that the agreement did not include any provisions that were contrary to public policy. As such, the Commission approved the Enterprise Agreement, confirming that it met all the necessary legal standards.

The Fair Work Commission approved the Enterprise Agreement between EFE Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) for the years 2016-2018, subject to the conditions specified in the decision. The approval ensures that the agreement is compliant with the Fair Work Act and will provide a fair and effective framework for the employment relationship between the employer and the union's members.

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