DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2254)

HERITAGE GREEN CONSULTING SERVICES PTY LTD T/AS HERITAGE GREEN AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 JUNE 2017

Application for approval of the Heritage Green Consulting Services Pty Ltd T/As Heritage Green and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Heritage Green Consulting Services Pty Ltd T/As Heritage Green and the CFMEU (Victorian Construction and General Division) Brick Laying 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 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 application before the court involved the approval of the Heritage Green Consulting Services Pty Ltd Trading As Heritage Green and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016 - 2018. The dispute arose as the parties sought to have the enterprise agreement recognised and registered under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, a tribunal established under the Act to resolve workplace disputes.

The primary legal issue before the Commission was whether the agreement met the requirements set out in the Fair Work Act for an enterprise agreement to be approved. This included assessing whether the agreement was made in good faith and whether it complied with various provisions of the Act, such as those relating to minimum entitlements and dispute resolution mechanisms. The Commission also had to consider if the agreement provided for appropriate levels of flexibility and efficiency in the workplace, and if the process of reaching the agreement was fair and legitimate.

The Commission found that the agreement was made in good faith and complied with the requirements of the Act. It noted that the agreement provided for a fair and efficient workplace and contained provisions that ensured minimum entitlements were met. The process of reaching the agreement was also found to be fair and legitimate. As a result, the Commission approved the agreement, finding it to be a suitable enterprise agreement under the Act.

As a result of the Commission's decision, the Heritage Green Consulting Services Pty Ltd Trading As Heritage Green and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016 - 2018 was approved and registered under the Fair Work Act 2009. The agreement now serves as a binding framework for the terms and conditions of employment between the employer and the union, providing certainty and stability for 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