DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4902)

VARI WORKFORCE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 NOVEMBER 2017

Application for approval of the Vari Workforce Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Vari Workforce Pty Ltd / CFMEU Collective Agreement 2017-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union T/A CFMEU. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 16 November 2017 and, in accordance with s.54, will operate from 23 November 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union, acting as the representative of certain employees, applied for the approval of a collective agreement with Vari Workforce Pty Ltd. The dispute centred around the terms and conditions of employment set out in the proposed agreement, which sought to establish the relationship between the parties for the period 2017-2018. The matter was heard and determined by the Fair Work Commission, an independent statutory tribunal with jurisdiction over employment-related disputes in Australia.

The central legal issues before the Commission were whether the collective agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. This involved scrutinising the agreement to ensure it met the statutory requirements for approval, such as being free from prohibited content, providing for a good faith bargaining process, and not unfairly discriminating against employees. Additionally, the Commission needed to determine whether the agreement promoted the principles of the Act, including the protection of employees' rights and interests.

The Fair Work Commission, in its decision, meticulously reviewed the contents of the collective agreement and found it to be in compliance with the legislative requirements. The Commission assessed the agreement against the criteria set out in the Fair Work Act, concluding that it did not contain any prohibited provisions and had been negotiated in good faith. Furthermore, the agreement was deemed to support the principles of the Act by providing for fair terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. Consequently, the Commission approved the collective agreement, recognising it as a valid and binding instrument for the specified period.

As a result of the Commission's determination, the Vari Workforce Pty Ltd / CFMEU Collective Agreement 2017-2018 was approved and will serve as the governing document for the employment relationship between Vari Workforce Pty Ltd and the employees represented by the Construction, Forestry, Mining and Energy Union for the period in question. This decision provides clarity and legal certainty to both parties, ensuring that the terms and conditions of employment are regulated within the bounds of the Fair Work Act.

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