DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6865)

VIBRO-PILE (AUST) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 DECEMBER 2015

Application for approval of the Vibro-Pile (Aust) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise Agreement known as the Vibro-Pile (Aust) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 17 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union (CFMEU) and Vibro-Pile (Aust) Pty Ltd, the Fair Work Commission (FWC) was asked to consider the application for approval of a collective agreement. The CFMEU, representing workers in the construction, forestry, mining, and energy industries, sought to have the proposed collective agreement covering employees of Vibro-Pile (Aust) Pty Ltd, a company involved in piling and foundation works, approved. The application for approval came about because the collective agreement had been negotiated in good faith, but required the FWC's endorsement to ensure compliance with the Fair Work Act 2009.

The central legal issues before the FWC were whether the collective agreement met the requirements of the Fair Work Act, and if it was in the best interests of the employees. Specifically, the FWC had to consider if the agreement provided for the fair and equitable treatment of employees, if it included appropriate mechanisms for dispute resolution, and if it met the standards set out in the national minimum terms and conditions. The FWC also had to assess whether the agreement had been negotiated in good faith, as stipulated by the Act.

The FWC found that the collective agreement contained provisions that were consistent with the objectives of the Fair Work Act and the national minimum terms and conditions. The agreement provided for fair and equitable treatment of employees, including provisions on wages, hours of work, and other employment conditions. The FWC also noted that the agreement included mechanisms for dispute resolution, which were deemed to be appropriate and effective. The FWC concluded that the agreement had been negotiated in good faith, as required by the Act, and was in the best interests of the employees. As a result, the FWC approved the application for approval of the collective agreement.

The FWC approved the collective agreement between the CFMEU and Vibro-Pile (Aust) Pty Ltd, effective from the date of the decision. The approval ensures that the agreement will govern the employment conditions of the relevant employees for the specified period. The decision confirms the importance of negotiated agreements in achieving fair and equitable outcomes for employees, while also recognising the role of the FWC in endorsing agreements that meet the requirements of the Fair Work Act.

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