DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7634)

ACI AUSTRALIAN CIVIL INDUSTRIES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 DECEMBER 2016

Application for approval of the ACI Australian Civil Industries 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 ACI Australian Civil Industries 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 27 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 Fair Work Commission involved an application for the approval of an enterprise agreement between Australian Civil Industries Pty Ltd (ACI) and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with assessing the agreement to determine if it provided for fair and reasonable terms and conditions of employment. The court examined whether the agreement complied with all relevant legislative provisions and if it provided for proper bargaining and representation.

The legal issues before the court were primarily focused on the compliance of the enterprise agreement with the statutory framework. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment and if it was genuinely negotiated. Additionally, the court considered whether the agreement complied with all relevant provisions of the Fair Work Act and if it adequately addressed the rights and interests of the employees.

The Fair Work Commission concluded that the enterprise agreement met the necessary criteria for approval. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and it was genuinely negotiated between the parties. The Commission determined that the agreement was consistent with all relevant legislative provisions and adequately addressed the rights and interests of the employees. Consequently, the court approved the agreement, finding it to be in compliance with the statutory requirements.

The final orders of the Fair Work Commission were that the ACI Australian Civil Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved. The court's decision affirmed the agreement as compliant with the Fair Work Act and suitable for implementation.

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