DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5866)

T & R CONTRACTORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2017

Application for approval of the T & R Contractors 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 T & R Contractors 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 19 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 Fair Work Commission was presented with an application for the approval of the Enterprise Agreement between T & R Contractors Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the years 2016 to 2018. The application was made by the union, which sought to have the agreement registered on the Register of Approved Agreements. The employer did not oppose the application, but the Australian Building and Construction Commission (ABCC) intervened, raising concerns about potential breaches of the agreement by the employer.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically if it complied with the good faith bargaining requirements, if it contained any provisions that were contrary to public policy or were otherwise unlawful, and if it provided for the resolution of any disputes that might arise during its operation. The ABCC argued that the agreement contained provisions that could lead to breaches of the Australian Building and Construction Code of Conduct, which could result in penalties and adverse publicity for the employer.

The Commission found that the agreement was made in good faith and did not contain any provisions that were contrary to public policy or were otherwise unlawful. It also found that the agreement contained adequate dispute resolution mechanisms. The Commission noted that while the agreement did not explicitly prohibit certain activities that could lead to breaches of the Code of Conduct, it did not mandate such activities either. The Commission was satisfied that the agreement was fair and reasonable and approved it for registration on the Register of Approved Agreements.

The Commission approved the Enterprise Agreement and directed that it be registered on the Register of Approved Agreements. The employer and the union were directed to take all necessary steps to give effect to the agreement. The ABCC's concerns about potential breaches of the Code of Conduct by the employer were noted, but the Commission was satisfied that the agreement itself did not mandate such breaches and that the dispute resolution mechanisms in the agreement would provide an effective means of addressing any issues that might arise.

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