DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4093)

SSI STONE PTY LTD T/AS SSI COMMERCIAL CONTRACTORS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 SEPTEMBER 2017

Application for approval of the SSI Stone Pty Ltd T/As SSI Commercial Contractors 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 SSI Stone Pty Ltd T/As SSI Commercial Contractors 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 27 September 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, SSI Stone Pty Ltd trading as SSI Commercial Contractors and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval of an enterprise agreement from the Fair Work Commission. The dispute centred on the terms and conditions of employment outlined in the Enterprise Agreement 2016-2018, specifically regarding the classification and remuneration of employees. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant legislative framework and whether it met the statutory requirements for approval. This included assessing whether the agreement provided for fair and reasonable terms and conditions, including pay rates and classifications, that were not less favourable than the applicable awards or safety nets. Additionally, the Commission had to determine whether the agreement had been genuinely negotiated and whether it included provisions for dispute resolution.

In delivering its decision, the Commission considered the evidence and submissions from both parties, including the process of negotiation and the content of the agreement. The Commission found that the agreement was genuinely negotiated and provided for terms and conditions that were fair and reasonable. The proposed classifications and remuneration were not less favourable than the relevant awards and safety nets, and the agreement included adequate provisions for dispute resolution. As such, the Commission approved the enterprise agreement, confirming its compliance with the Fair Work Act 2009.

The Fair Work Commission approved the Enterprise Agreement 2016-2018 between SSI Stone Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The Commission's decision affirmed that the agreement met the statutory requirements for approval, including genuine negotiation, fair and reasonable terms, and appropriate dispute resolution provisions. The approved agreement now serves as the basis for the employment terms and conditions between the parties 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