DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/652)

CAMERON OUTDOOR (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 MARCH 2017

Application for approval of the Cameron Outdoor (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 Cameron Outdoor (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 17 March 2017. The nominal expiry date of the Agreement is 30 June 2018

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Cameron Outdoor (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission was presented with a case involving the parties and their respective agreement for the period of 2016 to 2018. The dispute centred on the terms and conditions of employment outlined within the proposed enterprise agreement, with the primary contention being whether the agreement adequately met the requirements of the Fair Work Act 2009.

The legal issues that the Commission was required to address included whether the enterprise agreement was made in good faith, whether it contained the minimum terms and conditions as stipulated by the Act, and whether it complied with the procedural requirements for enterprise agreements. Additionally, the Commission needed to consider whether the agreement was made without any improper influence or coercion, and whether it provided fair and reasonable terms for both employees and employers.

In delivering its decision, the Commission carefully examined the provisions of the agreement and the evidence provided by both parties. It found that the agreement had been made in good faith and without any improper influence. The Commission also determined that the agreement contained the minimum terms and conditions required by the Act and was procedurally sound. Furthermore, the agreement was deemed to provide fair and reasonable terms for both employees and employers. Consequently, the Commission approved the enterprise agreement, recognising it as a valid and legally binding document between the parties.

The final orders of the Commission included the approval of the Cameron Outdoor (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, which would now serve as the governing document for the employment terms and conditions between the parties for 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