DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2427)

VADASZ, MICHAEL CHRISTOPHER T/AS AUSTRALASIAN PILING COMPANY AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PILING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 10 JULY 2017

Application for approval of the Vadasz, Michael Christopher T/As Australasian Piling Company and the CFMEU (Victorian Construction and General Division) Piling Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Vadasz, Michael Christopher T/As Australasian Piling Company and the CFMEU (Victorian Construction and General Division) Piling 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 17 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 matter involved an application for approval of a specific enterprise agreement between the Australasian Piling Company and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission, which is tasked with regulating the employment conditions and industrial relations in Australia. The crux of the dispute revolved around the terms and conditions outlined in the Piling Enterprise Agreement 2016-2018, including aspects such as wages, working hours, and other employment-related matters.

The legal issues before the Commission centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly those relating to the procedural fairness and substantive fairness of the agreement. The Commission had to determine if the agreement was genuinely bargained, whether it met the minimum standards set by the Act, and if it was free from any improper influences or coercion. Additionally, the court had to consider the extent to which the agreement provided for the protection of employees' rights and interests.

In delivering its decision, the Fair Work Commission carefully examined the negotiation process and the contents of the agreement. It found that the agreement had been fairly negotiated and that it provided for the minimum standards as required by the Fair Work Act. The Commission also determined that there was no evidence of coercion or improper influence in the formation of the agreement. After considering all the factors, the Commission concluded that the agreement met the necessary criteria and approved the Piling Enterprise Agreement 2016-2018.

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