DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2958)

ENGINEERING STRUCTURE RETENTION 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 Engineering Structure Retention 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 Engineering Structure Retention 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

The matter under consideration involved an application for the approval of the Engineering Structure Retention Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was heard in the Fair Work Commission. The primary dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court revolved around whether the agreement complied with the provisions of the Fair Work Act, specifically sections concerning the fairness and registration of enterprise agreements. Key points included whether the agreement was genuinely negotiated, whether it provided for the minimum terms and conditions, and whether it adhered to the procedural requirements for approval.

The court examined the negotiation process and the provisions of the agreement to determine its validity. It assessed the evidence provided by both parties regarding the negotiation process and whether it was conducted in good faith. The court also evaluated whether the agreement contained the minimum terms and conditions as stipulated by the Act. Ultimately, the court found that the agreement was genuinely negotiated and contained the required minimum terms, thus complying with the statutory requirements. Consequently, the application for approval was granted.

The court ordered that the Engineering Structure Retention Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act 2009. This decision ensures that the terms of the agreement are legally binding and enforceable for the duration of the 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