DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7512)

INFINITY CONSTRUCTIONS GROUP MELBOURNE 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 Infinity Constructions Group Melbourne 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 Infinity Constructions Group Melbourne 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Infinity Constructions Group Melbourne Pty Ltd, who sought approval of their enterprise agreement from 2016 to 2018. The matter was brought before the Fair Work Commission (FWC), Australia’s independent national workplace relations tribunal, which has the authority to approve enterprise agreements. The primary issue before the Commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions, and if it was free from any elements of coercion or unfairness.

The Commission examined the content of the enterprise agreement, including its provisions on wages, hours of work, and other employment conditions. The CFMEU argued that the agreement was necessary to address the unique needs of the construction industry and provided for fair and reasonable terms. Infinity Constructions, on the other hand, contended that certain provisions of the agreement were overly restrictive and could negatively impact their business operations. The Commission considered the submissions from both parties, along with any relevant industry standards and precedents, to determine if the agreement met the statutory requirements for approval.

After thorough consideration, the Commission concluded that the enterprise agreement did meet the necessary legal standards for approval. The agreement was found to provide for fair and reasonable terms and conditions, taking into account the specific circumstances of the industry. The Commission determined that, overall, the agreement did not contain any elements of coercion or unfairness that would warrant refusal of approval. Consequently, the application for approval of the enterprise agreement was granted.

As a result of the Commission’s decision, the enterprise agreement between the CFMEU and Infinity Constructions Group Melbourne Pty Ltd was approved for the period from 2016 to 2018. This approval means that the terms and conditions outlined in the agreement are legally binding on both parties during the specified period.

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