DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/697)

WCM CONTRACTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 MARCH 2017

Application for approval of the WCM Contracting 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 WCM Contracting 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 15 March 2017 and, in accordance with s.54, will operate from 22 March 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

In this matter, the Construction, Forestry, Mining and Energy Union sought approval for the WCM Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred on the terms and conditions outlined in the enterprise agreement, and whether it met the necessary criteria for approval under the Fair Work Act 2009.

The court was tasked with determining whether the enterprise agreement complied with the statutory requirements for approval, particularly focusing on whether it was made in good faith, free from any form of coercion, and whether it met the standards set forth by the Fair Work Act. Additionally, the court had to consider whether the agreement adequately covered all necessary aspects, such as wages, conditions of employment, and dispute resolution mechanisms.

The court examined the agreement in detail, reviewing the evidence provided and the submissions made by both parties. It found that the enterprise agreement was made in good faith and without any form of coercion. The court also determined that the agreement adequately covered the required terms and conditions, including provisions for wages, hours of work, leave entitlements, and dispute resolution. Based on these findings, the court approved the enterprise agreement.

The final orders of the court were that the WCM Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved, effective from the date of the court's decision. The agreement was to be registered under the Fair Work Act, and all parties were directed to comply with its terms.

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