DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/596)

MELBOURNE PEST CONTROL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 MARCH 2017

Application for approval of the Melbourne Pest Control 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 Melbourne Pest Control 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 14 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

The applicants in this case, Melbourne Pest Control Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval of an enterprise agreement. The Fair Work Commission, the tribunal responsible for this matter, was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The crux of the dispute revolved around whether the proposed terms of the agreement were fair and reasonable, taking into account the broader context of industrial relations and the specific circumstances of the parties involved.

The legal issues before the tribunal included whether the agreement provided for the proper negotiation process, whether the terms of the agreement were fair and reasonable, and whether the agreement contained appropriate mechanisms for dispute resolution. The tribunal had to examine the process by which the agreement was negotiated, the substantive terms of the agreement, and the dispute resolution provisions to ensure they aligned with the principles of fairness and reasonableness. Additionally, the tribunal considered whether the agreement met the statutory requirements for approval under the Fair Work Act.

In delivering its decision, the Fair Work Commission noted that the negotiation process appeared to be conducted in good faith, with both parties demonstrating a willingness to engage in meaningful dialogue. The tribunal found that the substantive terms of the agreement were fair and reasonable, taking into account the specific circumstances of the industry and the bargaining positions of the parties. The dispute resolution provisions were also deemed appropriate, providing a clear and accessible mechanism for resolving any future disputes. Based on these findings, the tribunal approved the enterprise agreement, recognising it as a fair and reasonable outcome for both parties. The approval of the enterprise agreement signifies a resolution that balances the interests of the employer and the union, setting terms and conditions that are considered fair and reasonable within the context of industrial relations.

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