DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7622)

TARRON CONSTRUCTIONS AUSTRALASIA 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 Tarron Constructions Australasia 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 Tarron Constructions Australasia 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 case involved an application for the approval of the Enterprise Agreement between Tarron Constructions Australasia Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The application was heard by the Fair Work Commission (FWC) under the Fair Work Act 2009. The FWC was required to determine whether the agreement met the requirements for approval under the Act, including whether it provided for fair and reasonable terms and conditions of employment.

The legal issues before the FWC included whether the agreement provided for appropriate safeguards for employees in relation to the payment of wages and other entitlements, whether it adequately addressed issues such as penalty rates and hours of work, and whether it contained appropriate dispute resolution mechanisms. The FWC also had to consider whether the agreement was made in good faith and whether it complied with any relevant industry codes of practice.

In its decision, the FWC found that the agreement met the requirements for approval under the Act. The FWC noted that the agreement provided for appropriate safeguards for employees in relation to wages and other entitlements, and that it contained appropriate dispute resolution mechanisms. The FWC also found that the agreement had been made in good faith and complied with relevant industry codes of practice. The FWC approved the agreement, subject to certain modifications to address minor concerns about the adequacy of the dispute resolution mechanisms.

The FWC's decision provides useful guidance for employers and unions when negotiating enterprise agreements. It highlights the importance of including appropriate safeguards for employees in relation to wages and other entitlements, and of providing for effective dispute resolution mechanisms. The decision also underscores the need for agreements to be made in good faith and to comply with relevant industry codes of practice. The FWC's approval of the agreement, subject to modifications, demonstrates its willingness to work with parties to ensure that agreements meet the requirements of the Fair Work Act.

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