DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2541)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 JULY 2017

Application for approval of the Fortis 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 Fortis 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 18 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 Construction, Forestry, Mining and Energy Union (CFMU) sought approval for an enterprise agreement between Fortis Construction Pty Ltd and the CFMEU (Victorian Construction and General Division). The application was heard by the Fair Work Commission (FWC) which exercises its powers under the Fair Work Act 2009. The CFMU argued that the proposed agreement was in the best interests of the employees, while Fortis Construction Pty Ltd opposed the application on the grounds that the agreement did not meet the requirements of the Act.

The primary legal issue before the FWC was whether the proposed enterprise agreement was in the best interests of the employees, taking into account the relevant factors outlined in section 235 of the Fair Work Act. This included whether the agreement provided for fair and reasonable terms and conditions, and whether it was consistent with the principles of the National Workplace Relations System.

The FWC found that the proposed agreement was in the best interests of the employees. The FWC considered the evidence presented by both parties and determined that the agreement provided for fair and reasonable terms and conditions, and was consistent with the principles of the National Workplace Relations System. The FWC also noted that the agreement included provisions for the protection of employees' rights and interests, and that it provided for a fair and efficient process for resolving disputes.

As a result, the FWC approved the proposed enterprise agreement. The agreement will now apply to the employees of Fortis Construction Pty Ltd, and will provide them with the terms and conditions set out in the agreement. The decision of the FWC is final and binding on both parties.

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