DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7276)

ADCO 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, 2 DECEMBER 2016

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

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Enterprise Agreement between Adco Constructions (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 for genuine bargaining and the minimum entitlements it must contain.

The Commission was required to determine if the agreement had been genuinely bargained between the parties, if it contained the minimum entitlements as stipulated by the Act, and if it complied with the other statutory requirements for enterprise agreements. The CFMEU contested the agreement on the grounds that it did not meet the genuine bargaining threshold and did not provide the necessary minimum entitlements for employees.

In its decision, the Commission found that the agreement had indeed been genuinely bargained, as the evidence demonstrated a robust bargaining process between the parties. The Commission also confirmed that the agreement included all the minimum entitlements required by the Act. It was noted that the agreement provided terms and conditions that were not less favourable than the relevant awards or the National Employment Standards. The Commission approved the agreement, acknowledging that it met all statutory requirements and represented a fair and reasonable outcome for both employers and employees.

As a result of the Commission's decision, the Enterprise Agreement was approved, and it became legally binding for the period specified. The employees covered by the agreement would now be governed by its terms and conditions, which were deemed to be fair and reasonable, in line with the requirements of the Fair Work Act 2009.

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