DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7121)

PATRICK SHELTON CONSTRUCTIONS TRUST T/AS BUILT CONSTRUCTIONS AUSTRALASIA AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 28 NOVEMBER 2016

Application for approval of the Patrick Shelton Constructions Trust T/As Built Constructions Australasia 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 Patrick Shelton Constructions Trust T/As Built Constructions Australasia 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 5 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

In the matter of an application for approval of the Patrick Shelton Constructions Trust trading as Built Constructions Australasia and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission was tasked with considering whether the agreement met the requirements of the Fair Work Act 2009. The application was brought by the union on behalf of its members, who were seeking approval of the enterprise agreement they had negotiated with the employer.

The central legal issue before the Commission was whether the agreement contained all the necessary minimum terms and conditions as prescribed by the Act, and if it did not, whether any non-compliance could be justified under the provisions allowing for variations from the minimum standards. Additionally, the Commission needed to consider whether the agreement had been genuinely negotiated and if it provided for a fair and efficient workplace.

The Fair Work Commission found that the agreement contained all the necessary minimum terms and conditions as required by the Act. The Commission acknowledged that there were minor discrepancies in the agreement; however, it deemed these to be minor and not detrimental to the overall fairness of the agreement. The Commission also found that the agreement had been genuinely negotiated between the parties and provided for a fair and efficient workplace. As a result, the Commission approved the enterprise agreement, finding that it met the requirements of the Act.

In light of the findings, the Fair Work Commission approved the Patrick Shelton Constructions Trust trading as Built Constructions Australasia and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The approval was effective from the date of the Commission's decision, and the agreement was registered with the Fair Work Ombudsman.

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