DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7376)

CITY CIRCLE DEMOLITION & EXCAVATION PTY LTD T/AS CITY CIRCLE DEMOLITION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) DEMOLITION ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of the City Circle Demolition & Excavation Pty Ltd T/As City Circle Demolition and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the City Circle Demolition & Excavation Pty Ltd T/As City Circle Demolition and the CFMEU (Victorian Construction and General Division) Demolition 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

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union and City Circle Demolition & Excavation Pty Ltd T/As City Circle Demolition. The union sought approval for the Demolition Enterprise Agreement 2016-2018. The crux of the dispute lay in the terms and conditions proposed in the agreement and whether they met the legal standards set by the Fair Work Act 2009. The Commission was tasked with determining if the agreement provided fair and reasonable terms for the employees and if it adhered to the statutory requirements.

The primary legal issues revolved around the compliance of the agreement with the provisions of the Fair Work Act, particularly sections that mandate fairness and reasonableness in the terms and conditions of employment. The Commission had to ensure that the agreement was free from any unfair or discriminatory provisions, and that it did not undermine the rights and protections afforded to employees under the Act. Additionally, the fairness of the agreement's terms and conditions had to be assessed, including the wage rates, working hours, and other employment conditions stipulated within the agreement.

In its decision, the Commission examined the submissions and evidence provided by both parties. It found that the agreement did not contain any unfair or discriminatory provisions and that it provided for fair and reasonable terms and conditions for the employees. The Commission also noted that the agreement complied with the statutory requirements of the Fair Work Act. Consequently, the Commission approved the agreement, recognising its compliance with the relevant legislative standards.

The Fair Work Commission approved the Demolition Enterprise Agreement 2016-2018 between the Construction, Forestry, Mining and Energy Union and City Circle Demolition & Excavation Pty Ltd. This approval was based on the findings that the agreement met the statutory requirements of the Fair Work Act and provided fair and reasonable terms and conditions for the employees.

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