DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3079)

CTA (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 AUGUST 2017

Application for approval of the CTA (Vic) 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 CTA (Vic) 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 16 August 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Enterprise Agreement between CTA (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The application was contested by the employer. The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning pay rates, conditions of employment, and procedural fairness. The Commission had to determine if the agreement complied with the Fair Work Act's "better off overall test" and whether it appropriately balanced the interests of both employees and employers.

The Commission carefully examined the evidence presented by both parties, focusing on the economic circumstances of the industry and the parties' bargaining positions. It considered whether the proposed agreement provided fair and reasonable terms and conditions of employment, and if the process by which the agreement was negotiated was procedurally fair. After assessing the submissions and evidence, the Commission concluded that the agreement met the statutory requirements of the Act. It found that the agreement was fair and reasonable, and that it had been negotiated in good faith. The Commission also determined that the process by which the agreement was negotiated was procedurally fair.

Accordingly, the Fair Work Commission approved the Enterprise Agreement between CTA (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The decision was made on the basis that the agreement met the necessary statutory criteria and provided fair and reasonable terms and conditions of employment.

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