DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6565)

APM GROUP (AUST) PTY LTD 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 APM Group (Aust) 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 APM Group (Aust) 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.

[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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEUV) lodged an application for the approval of the APM Group (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was made under section 234 of the Fair Work Act 2009, with the employer, APM Group (Aust) Pty Ltd, not opposing the application. The dispute centred on the terms and conditions of employment outlined in the proposed enterprise agreement and the procedural fairness in which the agreement was formed.

The legal issues that the Commission was required to decide included whether the agreement had been made in accordance with the mandatory provisions of the Fair Work Act, and whether the agreement had been fairly and properly formed. The Commission also needed to consider whether the agreement provided for the protection of employees' rights and interests, and if it complied with the provisions of the Act regarding enterprise agreements.

The Commission determined that the agreement had been made in accordance with the mandatory provisions of the Act and was fairly and properly formed. It found that the agreement provided for the protection of employees' rights and interests, and that it complied with the provisions of the Act regarding enterprise agreements. The Commission approved the enterprise agreement, noting that the parties had engaged in good faith bargaining and that the agreement provided for a fair and reasonable outcome for all parties involved.

As a result of the Commission's decision, the APM Group (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and registered under the Fair Work Act. The agreement now serves as the governing document for the terms and conditions of employment for the employees covered by the agreement.

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