DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2928)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 28 JULY 2017

Application for approval of the PARABOLA PROJECTS 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 PARABOLA PROJECTS 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 4 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 parties involved in this case were PARABOLA PROJECTS PTY LTD and the Construction, Forestry, Mining and Energy Union (CFMEU), specifically the Victorian Construction and General Division. The dispute centred around the approval of the Enterprise Agreement between the two parties for the period 2016 to 2018, which was lodged with the Fair Work Commission. The matter was heard in the Federal Court of Australia.

The primary legal issue the court needed to address was whether the Enterprise Agreement met the necessary standards as required by the Fair Work Act 2009. This included ensuring that the agreement provided for fair and reasonable terms and conditions of employment, and that it was free from any unfair provisions that could be detrimental to employees. The court also had to consider if the agreement was made in accordance with the prescribed process, ensuring that it was genuinely negotiated and not imposed.

The court's reasoning focused on the provisions of the Fair Work Act, which mandates that agreements must be fair and reasonable, and must not unfairly discriminate or cause detriment to employees. The court examined the negotiation process, the content of the agreement, and whether it complied with the legal requirements. After careful consideration, the court determined that the Enterprise Agreement did not meet the statutory standards because it included provisions that were not fair and reasonable. Consequently, the court rejected the application for approval.

The final order of the court was that the application for approval of the Enterprise Agreement between PARABOLA PROJECTS PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018 was dismissed. This decision highlighted the importance of ensuring that any enterprise agreement strictly adheres to the statutory requirements and is genuinely negotiated to protect the rights of employees.

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