DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6114)

CONSULT AND CONSTRUCT CONTRACTS TRUST (ATF) T/AS CONSULT AND CONSTRUCT CONTRACTS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Consult and Construct Contracts Trust (ATF) T/As Consult and Construct Contracts 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 Consult and Construct Contracts Trust (ATF) T/As Consult and Construct Contracts 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 29 December 2017. 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 case involves an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to the Fair Work Commission (FWC) for the approval of the Consult and Construct Contracts Trust (ATF) T/As Consult and Construct Contracts and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose in the context of industrial relations in the construction industry in Victoria. The FWC was tasked with determining whether the enterprise agreement met the requirements of the Fair Work Act 2009 and was in the interests of the employees covered by the agreement.

The legal issues before the FWC included whether the enterprise agreement provided for minimum wages and conditions, the proper process for its negotiation and approval, and whether it was made in good faith and without coercion. The FWC also needed to assess whether the agreement contained any provisions that were contrary to public policy or were otherwise unlawful. Additionally, the court had to determine if the agreement would have a detrimental effect on the operations of the Consult and Construct Contracts Trust.

The FWC considered the submissions and evidence presented by both parties and found that the agreement was made in good faith and without coercion. The FWC concluded that the agreement provided for the minimum wages and conditions as required by the Fair Work Act and did not contain any provisions contrary to public policy. The FWC also found that the agreement would not have a detrimental effect on the operations of the Consult and Construct Contracts Trust. The FWC approved the enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The FWC's final orders included the approval of the enterprise agreement, with the modifications noted, and the establishment of a compliance and enforcement mechanism to ensure ongoing compliance with the agreement. The FWC also ordered that the agreement be registered with the Australian Industrial Relations Commission.

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