DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6115)

SGI BUILD PTY LTD - T/AS SGI BUILDING SERVICES 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 SGI Build Pty Ltd - T/As SGI Building Services 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 SGI Build Pty Ltd - T/As SGI Building Services 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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the SGI Build Pty Ltd (SGI) and the Construction, Forestry, Mining and Energy Union (CFMEU) Enterprise Agreement 2016-2018. The dispute arose from the negotiation and subsequent application for the approval of the enterprise agreement, which was intended to govern the terms and conditions of employment for employees of SGI and its associated companies. The application was brought before the Commission to determine whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues the Commission had to resolve were whether the agreement had been made in accordance with the procedural requirements set out in the Act, and whether the agreement contained all the mandated terms and conditions as required by law. This included assessing whether the agreement had been negotiated in good faith and whether it provided for the proper registration of the agreement and the requisite information. Additionally, the Commission had to ensure that the agreement was free from any prohibited content, such as discriminatory provisions, and that it adhered to the minimum entitlements prescribed by the National Employment Standards and applicable awards.

In examining the application, the Commission reviewed the evidence and submissions provided by both parties. The Commission found that the agreement was negotiated in good faith and that all procedural requirements had been fulfilled. The agreement was found to include all mandated terms and conditions, including those relating to minimum wage rates, classification, and other employment-related matters. The Commission also confirmed that the agreement did not contain any discriminatory provisions and complied with the National Employment Standards and applicable awards. Consequently, the Commission approved the enterprise agreement, recognising it as a lawful and effective means of regulating the employment conditions of the relevant employees.

The Fair Work Commission approved the SGI Build Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, confirming its compliance with the statutory requirements and its validity as a bona fide enterprise agreement. The Commission's decision was based on the thorough review of the negotiation process, the contents of the agreement, and its adherence to the relevant employment standards and awards.

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