Construction, Forestry, Mining and Energy Union

[2017] FWCA 5798

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/5080)

SPOTTERS AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 6 NOVEMBER 2017

Application for approval of the SPOTTERS AUSTRALIA 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 SPOTTERS AUSTRALIA 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 13 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 parties in this case were Spotters Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was regarding the approval of an enterprise agreement between the two parties for the period 2016-2018. The case was heard in the Fair Work Commission. The union sought approval of the agreement, while the employer contested certain provisions, arguing they were not fair and reasonable.

The legal issues before the Commission were whether the provisions of the enterprise agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. The employer argued that certain provisions of the agreement, particularly those relating to the employment of spotters, were not fair and reasonable as they imposed an undue burden on the employer and were not necessary in a fair and reasonable sense. The union, on the other hand, argued that the provisions were necessary to protect the rights and interests of its members.

The Commission found that the provisions in question were fair and reasonable and complied with the relevant provisions of the Act. The Commission noted that the agreement provided for a transparent and flexible framework for the employment of spotters, and that the provisions were necessary to ensure that the spotters were able to perform their duties in a safe and effective manner. The Commission also found that the agreement provided for a fair and reasonable process for resolving disputes between the employer and the union. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement between Spotters Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established