DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5131)

FREEDOM CONSTRUCTIONS 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 Freedom Constructions 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 Freedom Constructions 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 13 November 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the applicants, the Construction, Forestry, Mining and Energy Union and the Building and Construction Trades Division of the Australian Council of Trade Unions, sought approval of an enterprise agreement between the respondent, Freedom Constructions Pty Ltd, and the union. The dispute was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was in the public interest and if it adhered to the provisions of the Act, including provisions related to employee protections and procedural fairness.

The Commission examined the terms of the agreement, focusing on whether it provided for fair and reasonable terms and conditions of employment, including minimum rates of pay and conditions for employees. The Commission also considered whether the agreement had been made in good faith and if it contained appropriate dispute resolution mechanisms. The evidence presented by both parties included submissions on the impact of the agreement on employees, the industry, and the broader economy. The Commission found that the agreement was fair and reasonable, provided adequate protections for employees, and was made in good faith. The agreement was approved as it balanced the interests of the employer and employees and was in the public interest.

The Fair Work Commission approved the Freedom Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The decision was made on the basis that the agreement met all the statutory requirements and was fair and reasonable. The Commission highlighted the importance of the agreement in providing a stable and predictable working environment for employees and contributing to the overall fairness of the industrial relations system. The approval of the agreement ensures that it will now be enforceable under the Fair Work Act, providing a framework for the employment relationship between the employer and the union 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