DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/895)

J & R TIBERI CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 MARCH 2017

Application for approval of the J & R Tiberi 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 J & R Tiberi 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 5 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 the case were J & R Tiberi Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The nature of the dispute was an application for approval of the Enterprise Agreement between the two parties for the years 2016-2018. The case was heard in the Fair Work Commission. The legal issues before the court were whether the agreement was in accordance with the Fair Work Act 2009 and whether it met the criteria for approval under the Act.

The court examined the provisions of the agreement, including the terms and conditions of employment, pay rates, and dispute resolution mechanisms. The court also considered the bargaining power of the parties and whether the agreement was made in good faith. The court found that the agreement was in accordance with the Fair Work Act and met the criteria for approval. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it included appropriate dispute resolution mechanisms. The court also found that the agreement was made in good faith and that the parties had bargaining power that was not unequal.

The outcome of the case was that the court approved the Enterprise Agreement between J & R Tiberi Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the years 2016-2018. The court made orders approving the agreement and setting out the terms and conditions of employment, pay rates, and dispute resolution mechanisms. The orders also provided for the agreement to be registered with the Fair Work Commission. The court's decision provides clarity and certainty for both parties and ensures that the agreement is in accordance with the Fair Work Act.

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