DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1023)

MEADEN BUILDING SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 APRIL 2017

Application for approval of the Meaden Building Services 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 Meaden Building Services 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 12 April 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 parties involved in this case were Meaden Building Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around the approval of the Enterprise Agreement between the two parties for the years 2016 to 2018. The matter was heard in the Fair Work Commission, an Australian government body with jurisdiction over workplace relations matters.

The central legal issues in this case revolved around whether the Enterprise Agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees, if it provided for fair and reasonable terms and conditions of employment, and if it complied with the procedural requirements of the Act. The Commission also needed to consider any objections raised by relevant parties and whether the agreement was likely to promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission found that the Enterprise Agreement met the necessary criteria for approval. The Commission considered the evidence provided by both parties and found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement complied with the procedural requirements of the Act and that it was likely to promote harmonious, productive and cooperative workplace relations. The Commission rejected the objections raised by relevant parties and approved the Enterprise Agreement for the period of 2016 to 2018.

The final orders of the Commission were that the Enterprise Agreement between Meaden Building Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period of 2016 to 2018 was approved. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it be given effect from the date of the decision.

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