DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1646)

ALPHA-FORM CONSTRUCTIONS (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 MAY 2017

Application for approval of the Alpha-Form Constructions (VIC) 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 Alpha-Form Constructions (VIC) 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 29 May 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, Alpha-Form Constructions (VIC) Pty Ltd, sought approval for an enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) for the period 2016 to 2018. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the requirements of the Act and the FWC's guidelines, particularly concerning the coverage of employees and the provisions regarding wages and conditions.

The key legal issues before the FWC were whether the enterprise agreement adequately covered all employees within the relevant bargaining unit, and if the provisions regarding wages and conditions were fair and reasonable. The FWC had to consider whether the agreement met the statutory requirements and whether it provided a safety net for employees. The applicant argued that the agreement was fair and reasonable, while the CFMEU contended that it did not adequately cover all employees and contained unfair provisions.

The FWC determined that the enterprise agreement did not adequately cover all employees within the bargaining unit, as it failed to include certain categories of employees. Additionally, the FWC found that some of the wage provisions were not reasonable and did not provide an appropriate safety net. Consequently, the FWC did not approve the agreement. The FWC emphasised the importance of ensuring that all relevant employees are covered and that the provisions of an enterprise agreement are fair and reasonable to protect the interests of employees.

The FWC did not approve the enterprise agreement due to the inadequacies in employee coverage and certain unfair wage provisions. The applicant was directed to address these issues and resubmit the agreement for approval. The decision underscores the importance of ensuring comprehensive employee coverage and fair and reasonable terms in enterprise agreements.

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