DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7374)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 DECEMBER 2016

Application for approval of the Cycon Civil 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 Cycon Civil 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 14 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 court involved an application for the approval of an enterprise agreement between Cycon Civil Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The parties sought to have the agreement approved under the Fair Work Act 2009. The application was heard by the Fair Work Commission, with Commissioner McCabe presiding.

The legal issues central to the decision revolved around whether the agreement met the statutory requirements under the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith, if it facilitated the creation of a single-enterprise bargaining unit, and if it contained the appropriate terms and conditions as per the legislative framework. Additionally, the court examined if the agreement appropriately balanced the interests of both the employer and the employees, and if it complied with the Fair Work Act's provisions regarding fair and reasonable terms.

In delivering the decision, the court considered extensive submissions from both parties and the relevant provisions of the Fair Work Act. The court found that the agreement was made in good faith and facilitated the creation of a single-enterprise bargaining unit, as required by the legislation. The terms and conditions were deemed fair and reasonable, balancing the interests of both employers and employees. The court was satisfied that the agreement complied with all statutory requirements and thus approved the enterprise agreement. This approval ensures that the terms and conditions set out in the agreement will apply to the employees of Cycon Civil Pty Ltd for 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