DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1723)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 MAY 2017

Application for approval of the Farley Excavations 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 Farley Excavations 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 2 June 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 applicant, the Construction, Forestry, Mining and Energy Union (CFMU), sought approval for the Farley Excavations Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The respondent, Farley Excavations Pty Ltd, opposed the application. The dispute was heard in the Fair Work Commission, the industrial relations tribunal for Australia. The central legal issue was whether the enterprise agreement, which outlined the terms and conditions of employment for Farley Excavations Pty Ltd employees, met the statutory requirements for approval under the Fair Work Act 2009.

The court considered whether the agreement provided for a fair and efficient workplace, including provisions on wages, hours of work, and other employment conditions. The CFMU argued that the agreement was fair and met the statutory requirements, while Farley Excavations Pty Ltd contended that it did not. The court examined the evidence and arguments presented by both parties and determined that the agreement was fair and met the statutory requirements. The agreement provided for a fair and efficient workplace and met the requirements of the Fair Work Act 2009.

The court approved the enterprise agreement, finding that it met the statutory requirements for approval. The court noted that the agreement provided for fair and efficient workplace, including provisions on wages, hours of work, and other employment conditions. The court also found that the agreement did not have any adverse effects on the employees or the employer and was in the best interests of the employees. The final orders of the court approved the enterprise agreement, and it came into effect on the date of the decision. The court's decision provides clarity on the requirements for approving enterprise agreements in Australia and ensures that employees have fair and efficient employment conditions.

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