DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6048)

TYCON GROUP TRUST (THE TRUSTEE FOR) T/AS TYCON GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 DECEMBER 2017

Application for approval of the TYCON GROUP TRUST (THE TRUSTEE FOR) T/As TYCON GROUP 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 TYCON GROUP TRUST (THE TRUSTEE FOR) T/As TYCON GROUP 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 26 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 Construction, Forestry, Mining and Energy Union (CFMEU) and the Tycon Group Trust, trading as Tycon Group Pty Ltd, were the parties involved in the application for approval of the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 before the Fair Work Commission. The Trust, a party to the enterprise agreement, sought approval from the Commission in accordance with section 233 of the Fair Work Act 2009. The CFMEU contested the application, arguing that certain provisions within the agreement were not fair and reasonable.

The central legal issues that the Commission needed to address were whether the provisions of the enterprise agreement were fair and reasonable and whether the agreement met the criteria set out in the Fair Work Act. Specifically, the Commission needed to determine whether the agreement complied with the Act's requirements for enterprise agreements and if it appropriately balanced the interests of both employers and employees.

The Fair Work Commission, after considering the arguments presented by both parties, found that the provisions of the agreement were fair and reasonable. The Commission concluded that the agreement appropriately balanced the interests of the employer and the employees. It noted that the agreement provided for a fair and reasonable process for resolving disputes, offered reasonable terms and conditions for employees, and aligned with the objectives of the Fair Work Act. The Commission was satisfied that the agreement met the statutory requirements and was therefore approved.

The Fair Work Commission approved the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding it to be fair and reasonable and compliant with the Fair Work Act. This decision allows the agreement to take effect, governing the terms and conditions of employment between the CFMEU and the Tycon Group Trust 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