DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/360)

CONSTRUCTION ENGINEERING VICTORIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 FEBRUARY 2017

Application for approval of the Construction Engineering Victoria 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 Construction Engineering Victoria 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 22 February 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case are Construction Engineering Victoria Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute concerns the application for approval of the Enterprise Agreement between the two parties for the period 2016 to 2018. The Fair Work Commission (FWC) was the court in which the case was heard.

The legal issues that the FWC had to address involved the validity and enforceability of the enterprise agreement, specifically whether it complied with the requirements set out in the Fair Work Act 2009. This included whether the agreement was made in good faith, if it covered the correct bargaining units, and whether it contained all the mandated terms and conditions as required by the Act.

In delivering its decision, the FWC considered the submissions from both parties and the evidence provided. The FWC found that the agreement was made in good faith and covered the correct bargaining units. The FWC also found that the agreement contained all the mandated terms and conditions as required by the Fair Work Act. Consequently, the FWC approved the enterprise agreement.

The FWC's final order was the approval of the Construction Engineering Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, deeming it to be compliant with the Fair Work Act and fit for enforcement.

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