DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7665)

CIVILEX VICTORIA 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 Civilex 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 Civilex 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 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 parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Civilex Victoria Pty Ltd. The dispute centred around the approval of the Enterprise Agreement between the two parties, specifically for the period of 2016 to 2018. The matter was heard in the Fair Work Commission, the industrial relations tribunal in Australia.

The legal issues before the court were whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009, including whether it had been fairly and genuinely negotiated, and if it met the "better off overall test". The court had to determine whether the agreement provided for a fair and efficient workplace, and if it met the minimum standards set by the Fair Work Act. The court also needed to consider if the agreement was in the interests of the employees and the employer, and if it was consistent with the national system of industrial relations.

The court found that the Enterprise Agreement met all the necessary requirements. It was determined that the agreement had been fairly and genuinely negotiated, and it provided for a fair and efficient workplace. The court was satisfied that the agreement met the minimum standards set by the Fair Work Act and was in the interests of both the employees and the employer. The court also found that the agreement was consistent with the national system of industrial relations. As a result, the court approved the Enterprise Agreement between the CFMEU and Civilex Victoria Pty Ltd for the period of 2016 to 2018.

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