DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/519)

EVOLUCION GROUP PTY LTD T/AS EVOLUCION CONSTRUCTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 MARCH 2017

Application for approval of the Evolucion Group Pty Ltd T/As Evolucion Constructions 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 Evolucion Group Pty Ltd T/As Evolucion Constructions 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 13 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 the matter of the Construction, Forestry, Mining and Energy Union and Evolucion Group Pty Ltd, the Fair Work Commission (FWC) was asked to approve an enterprise agreement between the two parties. The dispute centred around the terms and conditions outlined in the proposed Enterprise Agreement for the period 2016-2018. The FWC was tasked with determining whether the agreement met the necessary standards and requirements under the Fair Work Act 2009.

The legal issues before the FWC involved whether the agreement provided for fair and reasonable terms and conditions for employees, whether it was free from any unfair provisions, and whether it met the requirements for good faith bargaining. The FWC also had to consider if the agreement provided for an appropriate balance of rights and obligations between the employer and employees, and whether it adhered to the principles of the National Employment Standards.

The FWC determined that the Enterprise Agreement was fair and reasonable, and met the necessary standards under the Act. The FWC found that the agreement provided for fair and reasonable terms and conditions for employees, was free from any unfair provisions, and met the requirements for good faith bargaining. The FWC also considered that the agreement provided for an appropriate balance of rights and obligations between the employer and employees, and adhered to the principles of the National Employment Standards. Accordingly, the FWC approved the Enterprise Agreement between Evolucion Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018.

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