DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/510)

POLARIS (AUST) GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 MARCH 2017

Application for approval of the Polaris (Aust) Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Polaris (Aust) Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying 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 10 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

Polaris (Aust) Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) sought approval of the Polaris (Aust) Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018. The case was heard in the Fair Work Commission, the federal workplace relations tribunal. The key legal issues for the tribunal to determine were whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009, and whether it was in the best interests of the employees.

The tribunal considered whether the agreement was bona fide, whether it complied with the requirements of the Fair Work Act, and whether it was in the best interests of the employees. The tribunal found that the agreement was bona fide and complied with the statutory requirements, and that it was in the best interests of the employees. The tribunal noted that the agreement provided for a number of benefits for employees, including pay rates, leave entitlements, and provisions for redundancy and termination. The tribunal also noted that the agreement provided for a process for resolving disputes between employees and employers, which was in the best interests of the employees.

The tribunal approved the agreement, subject to certain modifications. The modifications related to the process for resolving disputes between employees and employers, and the tribunal considered that the modifications were necessary to ensure that the process was fair and effective. The tribunal also made an order that the agreement be registered with the Fair Work Commission.

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