DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7270)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 DECEMBER 2016

Application for approval of the H Troon 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 H Troon 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 9 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the H Troon Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, before the Fair Work Commission. The employer, H Troon Pty Ltd, opposed the application, arguing that the agreement was not in the best interests of the employees, as it did not provide for adequate wage increases and other improvements. The dispute was heard by the Full Bench of the Fair Work Commission, comprising of Deputy President M McInerney and Members J McLintoc and R.A. Mitchell.

The legal issues that the court had to decide were whether the enterprise agreement was in the best interests of the employees, whether the agreement provided for adequate wage increases and other improvements, and whether the agreement was consistent with the Fair Work Act 2009. The court also had to consider whether the agreement was consistent with the principles of enterprise bargaining and the need for flexibility and efficiency in the workplace.

After considering the evidence and arguments presented by both parties, the court found that the enterprise agreement was in the best interests of the employees. The court noted that the agreement provided for a range of benefits, including wage increases, improved working conditions, and other improvements that were consistent with the principles of enterprise bargaining. The court also found that the agreement was consistent with the need for flexibility and efficiency in the workplace, and that it provided for adequate mechanisms for resolving disputes between the employer and employees. The court therefore approved the enterprise agreement, subject to certain modifications that were necessary to ensure that it complied with the Fair Work Act 2009.

The final orders of the court were that the enterprise agreement be approved, subject to the modifications that were necessary to ensure that it complied with the Fair Work Act 2009. The court also ordered that the employer and the CFMEU take all necessary steps to bring the agreement into effect, and that they notify all employees of the terms of the agreement. The employer was also ordered to pay the costs of the application.

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