DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7544)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Buxton Constructions (VIC) 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 Buxton Constructions (VIC) 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 22 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Buxton Constructions (VIC) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) for the period 2016 to 2018. The application was made under section 230 of the Fair Work Act 2009. The primary issue before the court was whether the agreement met the requirements of the Fair Work Act, particularly whether it was made in good faith and whether it complied with the provisions of the Act.

The court examined the evidence presented by both parties and considered whether the agreement was fairly negotiated and whether it contained appropriate terms and conditions for the employees. The court also considered whether the agreement complied with the statutory minimum entitlements and whether it contained any provisions that were contrary to the public interest. After carefully reviewing the evidence and arguments presented, the court found that the agreement was made in good faith and complied with the requirements of the Fair Work Act.

The court approved the enterprise agreement, noting that it contained appropriate terms and conditions for the employees and did not contain any provisions that were contrary to the public interest. The court also found that the agreement met the statutory minimum entitlements and that it was fairly negotiated between the parties. The court's decision was based on a detailed analysis of the evidence and arguments presented by both parties and a thorough consideration of the relevant legal provisions.

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