DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7762)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2016

Application for approval of the ALUSTAIN 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 ALUSTAIN 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 28 December 2016. 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 matter before the court was an application for approval of the ALUSTAIN PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The applicants were the ALUSTAIN PTY LTD and the Construction, Forestry, Mining and Energy Union (CFMEU), a trade union representing workers in the construction, forestry, mining, and energy industries in Victoria. The dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the court were whether the enterprise agreement met the statutory requirements under the Fair Work Act, including whether it contained the mandated minimum terms and conditions, and whether it was free from any illegal or unfair content. The court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and if it adhered to the procedural requirements for enterprise agreements under the Act.

The court found that the enterprise agreement was compliant with the Fair Work Act. The agreement included all the mandated minimum terms and conditions and did not contain any illegal or unfair content. The court also determined that the agreement was procedurally valid, as it had been negotiated in good faith and the necessary steps had been taken to inform and consult with the employees. The court approved the enterprise agreement, confirming its compliance with the statutory requirements and its fairness and reasonableness in terms of the employees' rights and obligations.

The court ordered that the ALUSTAIN PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 be approved and registered under the Fair Work Act. The agreement was to take effect from the date of the court's approval, and it was to be binding on all parties involved, including the employer, the employees, and the union. The court's decision provided certainty and legal enforceability to the terms and conditions set out in the enterprise 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