DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/8073)

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

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

Application for approval of the Yingao 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 Yingao 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 13 January 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Yingao Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard in the Fair Work Commission. The primary dispute centred on whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was fairly negotiated and whether it complied with the minimum terms and conditions set out by the Act. Specifically, the Commission had to determine if the agreement provided for appropriate minimum wages, notice periods, and conditions for termination of employment. It also had to assess if the agreement adequately covered the bargaining unit and if it provided for a proper dispute resolution process.

In its decision, the Fair Work Commission examined the negotiation process and the contents of the agreement. It concluded that the agreement was fairly negotiated and satisfied the statutory requirements for approval. The Commission noted that the agreement included provisions for minimum wages and conditions that were consistent with the Act, and it provided for a fair process to resolve disputes. Therefore, the Commission approved the enterprise agreement, finding it to be in compliance with the necessary legal standards.

As a result of the Commission's decision, the Yingao Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 was approved and came into effect. This decision provided certainty for the parties involved and established the terms and conditions of employment for the specified period.

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