DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7178)

EVS GROUP AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TRAFFIC CONTROL ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 DECEMBER 2016

Application for approval of the Evs Group Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Evs Group Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control 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 8 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 before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to approve the Evs Group Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016-2018. This enterprise agreement sought to establish terms and conditions of employment between the parties for a specified period. The dispute arose over whether the agreement complied with statutory requirements and whether it was made in the appropriate manner.

The central legal issues the court needed to address were whether the agreement was a bona fide enterprise agreement, as defined under the Fair Work Act 2009, and whether it was made in accordance with the relevant provisions of the Act. Specifically, the court examined whether the agreement had been made without the use of, or assistance from, protected industrial action, and whether it had been made through the process prescribed by the Act. Additionally, the court considered whether the agreement was in the best interests of the employees involved.

In reaching its decision, the court examined the process through which the agreement was made and the evidence provided by both parties. The court found that the agreement had been made without the use of, or assistance from, protected industrial action, and that it had been made in accordance with the prescribed process. The court also concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment, taking into account the particular circumstances of the industry and the parties involved. Based on these findings, the court approved the enterprise agreement.

The final orders of the court included the approval of the Evs Group Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016-2018, and the setting aside of any objections to the agreement. The court's decision provided clarity and certainty for the parties involved and established a framework for the terms and conditions of employment in the traffic control industry.

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