DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7384)

RELIABLE WELDING SERVICE 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 Reliable Welding Service 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 Reliable Welding Service 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 the Enterprise Agreement between Reliable Welding Service Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period of 2016 to 2018. The application was brought before the Fair Work Commission (FWC), which exercises federal jurisdiction in employment matters under the Fair Work Act 2009 (Cth). The primary concern was whether the proposed agreement met the necessary criteria for approval as stipulated by the legislation.

The court was tasked with determining several legal issues, including whether the agreement had been made genuinely by the parties, whether it had been made in good faith, and whether it provided for a fair and reasonable terms and conditions of employment. Furthermore, the court had to consider whether the agreement provided for a proper process for the resolution of disputes between the parties and if it included provisions that were necessary to protect employees from adverse action.

In delivering its decision, the court examined the evidence and submissions presented by both parties. It assessed whether the agreement contained provisions that were fair and reasonable in all respects, taking into account the relevant industry benchmarks and the specific circumstances of the parties. The court found that the agreement had been made genuinely by the parties and in good faith. It was also satisfied that the agreement provided for a fair and reasonable terms and conditions of employment and included appropriate dispute resolution mechanisms. Consequently, the court approved the agreement under the Fair Work Act.

In light of the findings, the court made an order approving the Enterprise Agreement between Reliable Welding Service Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. This order was effective from the date of the decision and was to be registered with the relevant authorities as required by the legislation.

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