DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/498)

TWO DIMENSION GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

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

Application for approval of the Two Dimension Group 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 Two Dimension Group 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 10 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 and Two Dimension Group Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The agreement covered employees of Two Dimension Group Pty Ltd who were members of the union. The application came before the Commission on a date not specified in the text. The central issue before the Commission was whether the enterprise agreement complied with the statutory requirements for such agreements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the procedural fairness requirements, provided for genuine bargaining, and contained all the prescribed terms and conditions of employment.

The Commission examined the evidence and submissions from both parties, focusing on whether the agreement was made in good faith and if it had been negotiated fairly. The Commission considered the procedural fairness of the bargaining process, including whether the union and the employer had genuinely attempted to reach an agreement. The Commission also reviewed whether the agreement contained all the prescribed terms and conditions as required by law. After reviewing the evidence, the Commission concluded that the agreement was made in good faith, that there had been genuine attempts at bargaining, and that all prescribed terms and conditions were included. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement between the Construction, Forestry, Mining and Energy Union and Two Dimension Group Pty Ltd for the period 2016 to 2018. The Commission determined that the agreement met all the statutory requirements under the Fair Work Act 2009, including procedural fairness, genuine bargaining, and the inclusion of all prescribed terms and conditions. This decision provided legal certainty for both parties, allowing them to proceed with the terms of the agreement.

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