DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2810)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 JULY 2017

Application for approval of the Cardabuilt Construction 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 Cardabuilt Construction 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 31 July 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 the case were the Construction, Forestry, Mining and Energy Union and Cardabuilt Construction Pty Ltd. The nature of the dispute was the application for approval of the Enterprise Agreement between the two parties, specifically for the period 2016-2018. The case was heard by the Fair Work Commission. The legal issues that the court had to decide involved whether the Enterprise Agreement met the requirements of the Fair Work Act 2009. The primary issues were whether the agreement provided for the proper classification of employees, whether it provided for appropriate minimum rates of pay and conditions, and whether it complied with the requirements for genuine bargaining.

The court determined that the Enterprise Agreement met the requirements of the Fair Work Act. The court found that the agreement provided for the proper classification of employees and that it provided for appropriate minimum rates of pay and conditions. The court also found that the agreement complied with the requirements for genuine bargaining. The court was satisfied that the agreement had been negotiated in good faith and that the parties had made a genuine attempt to reach an agreement. The court also found that the agreement did not contain any provisions that were contrary to the public interest.

As a result of the court's decision, the Enterprise Agreement was approved. The agreement will now be registered with the Fair Work Commission and will be legally binding on the parties. The approval of the agreement means that the terms and conditions of employment for the employees covered by the agreement will be governed by the provisions of the agreement rather than the applicable awards or registered agreements. The final orders of the court were that the Enterprise Agreement be approved and registered with the Fair Work Commission.

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