DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/916)

VARI PROJECTS PTY LTD /CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 APRIL 2016

Application for approval of the Vari Projects Pty Ltd /CFMEU Collective Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Vari Projects Pty Ltd /CFMEU Collective Agreement 2016-2017 (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. 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 26 April 2016 and, in accordance with s.54, will operate from 3 May 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for the approval of the Vari Projects Pty Ltd /CFMEU Collective Agreement 2016-2017. The applicant sought to have the proposed collective agreement registered with the Fair Work Commission, which would provide it with legal enforceability. Vari Projects Pty Ltd, the employer, did not oppose the application, thereby creating a straightforward context for the court's decision.

The primary legal issue before the court was whether the proposed collective agreement complied with the relevant statutory provisions and met the necessary criteria for approval under the Fair Work Act 2009. The court needed to assess whether the agreement adhered to the legislative requirements and if it was genuinely a collective agreement made between the employer and the employees.

The Fair Work Commission, after reviewing the proposed agreement, found that it met all the necessary criteria. The agreement was properly made between the employer and the union, which represented the employees, and it contained provisions that were fair and reasonable. The commission concluded that the agreement was in the best interests of the employees and did not contravene any provisions of the Fair Work Act. Consequently, the court approved the application and registered the Vari Projects Pty Ltd /CFMEU Collective Agreement 2016-2017.

The court's decision resulted in the formal approval and registration of the collective agreement, granting it legal enforceability. This outcome ensured that the terms and conditions outlined in the agreement would apply to the employees of Vari Projects Pty Ltd for the specified period.

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