DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4346)

SKILLED LABOUR P’TY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 OCTOBER 2017

Application for approval of the SKILLED LABOUR 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 SKILLED LABOUR 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 24 October 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application for approval of an enterprise agreement between Skilled Labour Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement in question was for the period 2016-2018. The dispute centred on whether the enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the enterprise agreement satisfied all the necessary criteria for approval under the Fair Work Act. This included assessing whether the agreement had been made in good faith, if it provided for the appropriate minimum terms and conditions, and if it was free from any elements that could be considered coercive or oppressive. Additionally, the Commission needed to consider if the agreement met the specific requirements for a multi-employer bargaining agreement.

The Fair Work Commission found that the enterprise agreement did meet the criteria for approval. The Commission determined that the agreement had been made in good faith, contained all the required minimum terms and conditions, and was not coercive or oppressive. The Commission also found that the agreement appropriately addressed multi-employer bargaining provisions. Consequently, the Commission approved the enterprise agreement for the period specified.

In summary, the Fair Work Commission approved the Skilled Labour Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding it met all the necessary statutory requirements under 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