Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 5933

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/5330)

INWARD Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 20 NOVEMBER 2017

Application for approval of the Inward Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

An application has been made for approval of an enterprise agreement known as the Inward 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 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 matter before the court was an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of an enterprise agreement between the union and Inward Pty Ltd. The application was heard by the Fair Work Commission (FWC), a body with jurisdiction to approve, reject, or vary enterprise agreements under the Fair Work Act 2009 (Cth). The CFMEU sought approval of the Inward Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The legal issues before the FWC were whether the enterprise agreement met the requirements of section 230 of the Fair Work Act, and whether the agreement had been made in accordance with the relevant provisions of the Act.

The FWC considered whether the agreement met the requirements of section 230, including whether it provided for the determination of terms and conditions of employment, and whether it was in writing. The FWC also considered whether the agreement had been made in good faith and without coercion, and whether it provided for genuine bargaining. The FWC found that the agreement met the requirements of section 230, and that it had been made in accordance with the relevant provisions of the Act. The FWC approved the enterprise agreement.

The FWC found that the agreement contained provisions for the determination of terms and conditions of employment, and that it was in writing. The FWC also found that the agreement had been made in good faith and without coercion, and that it provided for genuine bargaining. The FWC noted that the agreement contained provisions for the determination of wages and other terms and conditions of employment, and that it provided for mechanisms for the resolution of disputes. The FWC was satisfied that the agreement met the requirements of section 230 of the Fair Work Act.

The FWC approved the enterprise agreement. The FWC made an order approving the Inward Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The order was made under section 234 of the Fair Work Act. The order was effective from the date of the FWC’s decision. The order was binding on the parties to the agreement, and on all employees covered by the agreement.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established