DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4844)

SMITH, CRAIG ANDREW T/AS CA SMITH CONSTRUCTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 OCTOBER 2017

Application for approval of the Smith, Craig Andrew T/As CA Smith Constructions 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 Smith, Craig Andrew T/As CA Smith Constructions 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 31 October 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Construction, Forestry, Mining and Energy Union, brought an application before the Fair Work Commission for approval of the Enterprise Agreement between the Smith, Craig Andrew T/As CA Smith Constructions and the CFMEU (Victorian Construction and General Division) for the years 2016-2018. The application was made under section 234 of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was in the public interest, whether the agreement was made in good faith, and whether the agreement was appropriate for the bargaining process.

The Commission found that the agreement was made in good faith, as it was a result of genuine negotiations between the parties. The Commission also found that the agreement was appropriate for the bargaining process, as it was made between the employer and the union that represented the employees. The Commission determined that the agreement was in the public interest, as it provided for a fair and reasonable set of terms and conditions for the employees, and it did not have any detrimental effect on the economy or employment. The Commission approved the Enterprise Agreement and made an order under section 235 of the Fair Work Act 2009. The agreement was registered by the Commission on 18 May 2016, and it is effective from 1 June 2016 until 31 May 2018. The orders made by the Commission included the registration of the Enterprise Agreement and the setting aside of any previous orders that were inconsistent with the approved agreement.

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