DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6561)

CITY TO COAST COMMERCIAL PTY LTD T/AS CITY TO COAST COMMERCIAL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2018

Application for approval of the City To Coast Commercial Pty Ltd t/as City To Coast Commercial 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 City To Coast Commercial Pty Ltd t/as City To Coast Commercial 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.

[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 12 January 2018. 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 application for approval of the City To Coast Commercial Pty Ltd trading as City To Coast Commercial and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was heard by the Fair Work Commission. The dispute centred on the validity and approval of the enterprise agreement between the employer and the union. The Fair Work Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues addressed by the court involved whether the agreement was made in good faith, whether it complied with the procedural requirements set out in the Act, and whether it provided for the appropriate protections for employees. The court examined the negotiation process, the content of the agreement, and the fairness of the terms to both the employer and the employees. Additionally, the court considered whether the agreement was made without coercion, undue influence, or any other improper conduct.

In its decision, the Fair Work Commission found that the agreement was made in good faith and without any improper conduct. The commission determined that the negotiation process was transparent and that the agreement provided fair and reasonable terms for both the employer and the employees. The court also found that the agreement complied with all necessary procedural requirements and provided adequate protections for the employees. Consequently, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission ordered the approval of the City To Coast Commercial Pty Ltd t/as City To Coast Commercial and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This decision confirmed the validity of the agreement, which will now govern the employment terms and conditions between the parties 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