DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1120)

PARKVIEW CONSTRUCTIONS PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2016

Application for approval of the Parkview Constructions Pty. Limited / CFMEU Collective Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Parkview Constructions Pty. Limited / CFMEU Collective 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 the 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 13 June 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this case were Parkview Constructions Pty. Limited and the Construction, Forestry, Mining and Energy Union (CFMEU). The matter was before the Fair Work Commission and involved an application for approval of a collective agreement between the parties. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Act, including whether it provided for the protection of employees' rights and entitlements, and whether it was made in good faith. Additionally, the Commission needed to determine whether the agreement met the requirements for coverage of employees and the proper classification of those employees.

The Commission found that the agreement did comply with the statutory requirements. The agreement was found to provide for the protection of employees' rights and entitlements, and it was determined that it had been made in good faith. The agreement was also found to meet the requirements for coverage of employees and proper classification. The Commission approved the agreement, finding that it met all the necessary criteria under the Act.

No further orders were made by the Commission. The approval of the agreement meant that it could be registered with the Fair Work Commission and would have legal effect as a binding instrument between the parties. The decision serves as a useful guide for employers and unions in the construction industry when negotiating and finalising collective agreements.

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