DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/386)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the Valley Group Construction Services 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 Valley Group Construction Services 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 24 February 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, Valley Group Construction Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval for their enterprise agreement under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act, particularly concerning its coverage, fairness, and compliance with minimum standards. The Commission had to determine if the agreement was appropriate for the bargaining unit and if it ensured fair terms and conditions of employment, including minimum wage rates and entitlements.

The Commission examined the submissions from both parties and considered the provisions of the Fair Work Act, including sections 226 and 230, which govern the approval process for enterprise agreements. It assessed whether the agreement provided for a fair and reasonable terms and conditions, and if it aligned with the principles of industrial fairness. The Commission also considered the evidence provided regarding the negotiation process and whether the agreement had been genuinely bargained. Ultimately, the Commission concluded that the agreement was fair and reasonable, met the statutory requirements, and should be approved.

Accordingly, the Fair Work Commission approved the Valley Group Construction Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The decision was made on the basis that the agreement was fairly and genuinely negotiated, covered the intended bargaining unit, and provided for fair terms and conditions of employment in compliance with the Fair Work Act.

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