DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/619)

HY-FORM 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 Hy-Form 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 Hy-Form 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

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) lodged an application for approval of the Hy-Form Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 with the Fair Work Commission (FWC). Hy-Form Pty Ltd is a construction company, and the CFMEU is a trade union representing workers in the construction, forestry, mining, and energy sectors. The dispute centred on whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009 (Cth). The FWC was required to determine whether the agreement was a bona fide enterprise agreement and whether it met the requirements set out in the Fair Work Act.

The primary legal issue before the FWC was whether the enterprise agreement was a genuine enterprise agreement. This required consideration of whether the agreement was made between employers and employees, whether it covered a workplace, and whether it addressed terms and conditions of employment. Additionally, the FWC had to assess whether the agreement met the specific criteria for approval, including provisions regarding pay rates, working conditions, and other employment terms. The FWC also examined whether the agreement was free from any improper influences or coercion.

In delivering its decision, the FWC determined that the enterprise agreement was indeed a bona fide agreement and met all the necessary criteria for approval. The FWC found that the agreement was made between Hy-Form Pty Ltd and the CFMEU, covered the intended workplace, and addressed the terms and conditions of employment. Furthermore, the FWC confirmed that the agreement did not contain any provisions that would render it invalid under the Fair Work Act. The FWC concluded that the agreement was made without any improper influences or coercion and was in the best interests of the employees it covered.

The FWC approved the enterprise agreement, allowing it to take effect from the date of the decision. The approval signified that the agreement would provide a legally binding framework for the terms and conditions of employment between Hy-Form Pty Ltd and the employees represented by the CFMEU.

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