DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1728)

PLUS PRODUCE FORMWORK 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 Plus Produce Formwork 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 Plus Produce Formwork 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 matter before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEUA) to approve the Plus Produce Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The primary dispute centred around the fairness and compliance of the terms of the enterprise agreement with the relevant legislative framework. The Fair Work Commission (FWC) had previously approved the agreement, but the CFMEUA sought additional approval from the court to ensure the terms were just and equitable.

The legal issues that the court had to address included whether the terms of the enterprise agreement were fair and reasonable, if the agreement complied with the applicable industrial legislation, and if there were any procedural irregularities in the approval process. Additionally, the court examined whether the agreement met the threshold criteria for approval as stipulated in the Fair Work Act 2009.

In delivering its judgment, the court found that the enterprise agreement was fair and reasonable, met all the criteria for approval, and complied with the relevant legislation. The court emphasised that the agreement provided for a fair balance of rights and obligations between the employer and the employees and that there were no procedural flaws in the approval process. The court also noted that the agreement addressed the specific needs and circumstances of the industry, ensuring it was appropriately tailored.

The court approved the Plus Produce Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, confirming its compliance with the Fair Work Act 2009 and its fairness to all parties involved. The agreement was thus declared valid and enforceable.

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