DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2300)

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

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

Application for approval of the Carna Civil 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 Carna Civil 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 5 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

In the matter of an application for approval of the Carna Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission heard submissions from both parties, with the primary focus being on the validity and fairness of the proposed enterprise agreement. The dispute centred around the terms and conditions outlined in the agreement, specifically whether they met the criteria for approval under the Fair Work Act 2009. The Commission, led by Commissioner Smith, was tasked with examining the fairness and compliance of the agreement with the statutory requirements.

The legal issues before the Commission included the determination of whether the agreement was made in good faith, whether it provided for appropriate processes for resolving disputes, and whether it complied with the relevant minimum standards prescribed by the Fair Work Act. The Commission also had to assess if the agreement was free from coercion and whether it met the requirements of procedural fairness. The validity of the agreement was contingent on satisfying these conditions, which are fundamental to the approval process under the Act.

After reviewing the submissions and the evidence presented, the Commission found that the enterprise agreement met all the statutory criteria for approval. The Commission was satisfied that the agreement had been made in good faith, provided adequate processes for resolving disputes, and did not contravene any minimum standards. Furthermore, the agreement was deemed to be free from any element of coercion, and the procedural fairness was upheld. Consequently, the Commission approved the enterprise agreement, recognising it as fair and compliant with the legislative framework.

The final orders of the Commission included the approval of the Carna Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and both parties were required to adhere to its terms and conditions. This decision concluded the proceedings, ensuring that the terms of the agreement would govern the employment conditions between the employer and the employees for the specified period.

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