DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7229)

CIP CONSTRUCTIONS (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

Application for approval of the CIP Constructions (Vic) 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 CIP Constructions (Vic) 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 12 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 an application for the approval of an enterprise agreement between CIP Constructions (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission (FWC). The primary issue before the FWC was whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly whether it contained all the minimum terms and conditions as prescribed by the Act and whether it was made in good faith and without coercion.

The FWC found that the enterprise agreement met the statutory requirements and was made in good faith. The Commission considered the terms and conditions of the agreement, the process by which it was negotiated, and the evidence provided by both parties. The FWC accepted that the agreement included all the minimum terms and conditions required by the Fair Work Act and that it was not made under any duress or coercion. Furthermore, the FWC was satisfied that the negotiation process was fair and that both parties had acted in good faith throughout.

Consequently, the FWC approved the enterprise agreement. The decision was made based on the evidence and submissions presented by both parties and the FWC’s assessment of the agreement against the statutory criteria. The approval of the enterprise agreement allows it to be registered and enforceable under the Fair Work Act, providing the agreed terms and conditions for employees of CIP Constructions (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018.

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