DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1519)

SHOT AL CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 MAY 2017

Application for approval of the Shot Al Constructions 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 Shot Al Constructions 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 19 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 case involves an application for the approval of the Enterprise Agreement between Shot Al Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the years 2016 to 2018. The application was brought before the Fair Work Commission (FWC) under the Fair Work Act 2009. The primary dispute centres on whether the agreement meets the formal and substantive requirements set out in the legislation, specifically focusing on whether it has been fairly made and whether it adheres to the Fair Work Act’s objectives.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it was free from any improper influence or coercion, and if it complied with the provisions of the Fair Work Act. The Commission had to consider the evidence presented by both parties, including the negotiation process and the terms of the agreement. It was also necessary to determine if the agreement appropriately balanced the rights and obligations of the employer and the employees.

In delivering its decision, the Commission found that the agreement was indeed fairly negotiated and free from coercion. It confirmed that the process adhered to the formal requirements of the Fair Work Act and that the terms of the agreement were consistent with the broader objectives of the legislation, including promoting harmonious, productive and cooperative workplace relations. The Commission took into account the submissions from both parties and the evidence provided, concluding that the agreement was fair and appropriate. Consequently, the Commission approved the Enterprise Agreement, recognising its validity and enforceability under the Fair Work Act.

The Fair Work Commission ordered that the Enterprise Agreement between Shot Al Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) for the years 2016 to 2018 be approved. The agreement was to be registered and would govern the employment conditions for the employees of Shot Al Constructions Pty Ltd during the specified period.

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