DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5777)

STRIDE SURVEY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 DECEMBER 2016

Application for approval of the STRIDE SURVEY 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 STRIDE SURVEY 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 20 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 Stride Survey Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The parties sought to have the agreement approved as a modern award under the Fair Work Act 2009. The nature of the dispute was primarily procedural, focusing on whether the agreement met the statutory requirements for approval as a modern award.

The legal issues before the Commission included whether the agreement had been negotiated in good faith, whether it contained all the mandatory terms and conditions as required by the Fair Work Act, and whether it complied with the requirements for simplicity, clarity and accessibility. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions and whether it was in the best interests of the employees covered by the agreement.

The Fair Work Commission determined that the enterprise agreement met all the statutory requirements for approval as a modern award. The Commission found that the agreement had been negotiated in good faith, contained all the mandatory terms and conditions, and was simple, clear and accessible. The Commission also found that the agreement provided for fair and reasonable terms and conditions and was in the best interests of the employees covered by the agreement. The Commission approved the enterprise agreement as a modern award under the Fair Work Act.

The Commission made an order approving the enterprise agreement as a modern award. The order is effective from the date of the Commission's decision and applies to all employees covered by the agreement. The agreement will now form the basis of the terms and conditions of employment for those employees, replacing any previous agreements or awards that may have been in place.

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