DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7673)

STRUCTURAL SERVICES AUSTRALIA 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 Structural Services Australia 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 Structural Services Australia 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 the Structural Services Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was made by the union on behalf of its members employed by Structural Services Australia. The dispute centred around whether the agreement complied with the necessary legal standards for enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the proper registration of the agreement and if it included all the mandatory terms and conditions required by the Act. This involved examining the agreement's provisions for minimum wages and conditions, as well as ensuring that the agreement did not unfairly discriminate against any employees. The Commission also needed to consider whether the agreement was made in good faith and whether the union had properly represented its members in the negotiation process.

In delivering its decision, the Commission found that the agreement met the necessary requirements for approval. The agreement contained all the mandatory terms and conditions, and it did not unfairly discriminate against any class of employees. The Commission also confirmed that the agreement had been made in good faith and that the union had adequately represented its members. The Commission noted the absence of any objections from the employer and the fact that the agreement had been supported by the majority of the employees. Consequently, the Commission approved the enterprise agreement, deeming it compliant with the statutory requirements.

The final orders of the Commission were that the Structural Services Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved in accordance with section 174 of the Fair Work Act 2009. This approval was effective from the date of the decision and binding on all parties involved.

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