DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2256)

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

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

Application for approval of the Pacific Administration 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 Pacific Administration 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 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

In the matter of an application for approval of the Pacific Administration Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission was tasked with determining whether the proposed agreement met the necessary legal standards and could be approved. The dispute arose from the application submitted by the employer and the union, seeking formal recognition and endorsement of the terms and conditions set forth in their enterprise agreement.

The primary legal issues before the Commission involved assessing whether the agreement complied with the provisions of the Fair Work Act 2009, particularly concerning the minimum entitlements that must be afforded to employees under the Fair Work Act. The Commission had to consider if the agreement provided for appropriate minimum rates of pay, leave entitlements, penalty rates, and other employment conditions as stipulated by the legislation. Additionally, the Commission evaluated whether the agreement adhered to procedural fairness, ensuring that the union had genuinely negotiated the agreement and that the employer had provided adequate information to the union during the negotiation process.

The Commission deliberated on the evidence presented, including the terms of the agreement and the processes followed in its negotiation. The Commission found that the agreement met the statutory requirements and was negotiated in good faith. The terms of the agreement were deemed to provide for fair and reasonable conditions of employment, aligning with the protections and entitlements under the Fair Work Act. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the necessary legal standards. The decision underscored the importance of ensuring that enterprise agreements not only meet the minimum legal requirements but also reflect fair and equitable terms for both employers and employees.

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