DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7175)

EVS GROUP AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) LABOUR HIRE INDUSTRY ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 NOVEMBER 2016

Application for approval of the EVS Group Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry 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) Labour Hire Industry 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 6 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 was an application for the approval of the EVS Group Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and 'General Division) Labour Hire Industry Enterprise Agreement 2016 - 2018. The application was brought by the union, seeking the Fair Work Commission's endorsement of the proposed agreement. The dispute involved the terms and conditions of employment for workers within the labour hire industry in Victoria, specifically those engaged by EVS Group Australia Pty Ltd.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. In particular, the Commission had to determine if the agreement was a 'simplified procedure agreement' under the Act, which would allow for its approval without a vote of the employees. The union argued that the agreement should be considered a simplified procedure agreement because it had been negotiated in good faith and met the relevant criteria. Conversely, the employer raised concerns about the process followed in negotiating the agreement and questioned whether it met the statutory requirements for approval.

In considering the matter, the Commission examined the negotiation process and the content of the proposed agreement. The Commission found that the agreement had been negotiated in good faith and that the parties had complied with the relevant provisions of the Act. The Commission also determined that the agreement met the criteria for a simplified procedure agreement, as it contained all the mandatory terms and conditions prescribed by the Act and did not include any provisions that would render it invalid. Accordingly, the Commission approved the proposed agreement, finding that it provided a fair and reasonable outcome for the employees involved.

The Fair Work Commission approved the EVS Group Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016 - 2018. The Commission's decision was based on its finding that the agreement had been negotiated in good faith, met the statutory requirements for approval, and provided a fair and reasonable outcome for the employees. The approval of the agreement ensures that the terms and conditions of employment for workers within the labour hire industry in Victoria are governed by a legally binding and fair enterprise agreement.

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