DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7084)

WILLIS BROS VICTORIA PTY LTD T/AS WILLIS BROS MARBLE & GRANITE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Willis Bros Victoria Pty Ltd T/As Willis Bros Marble & Granite 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 Willis Bros Victoria Pty Ltd T/As Willis Bros Marble & Granite 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 2 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of an enterprise agreement between Willis Bros Victoria Pty Ltd (trading as Willis Bros Marble & Granite) and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The application was made under the Fair Work Act 2009. The primary dispute concerned the terms and conditions of employment outlined in the proposed agreement, including wages, hours of work, and other employment conditions.

The legal issues before the commission included whether the agreement had been made in accordance with the requirements of the Fair Work Act, whether the agreement contained all the mandatory terms prescribed by the Act, and whether the agreement was in the best interests of the employees. The commission also had to consider whether the agreement met the good faith bargaining threshold and whether it provided for the protection of employees' rights.

The commission found that the agreement had been made in good faith and contained all the mandatory terms required by the Fair Work Act. The commission also determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment conditions. The commission approved the enterprise agreement, subject to certain conditions, and it became legally binding on the parties.

The final orders of the commission included the approval of the enterprise agreement, with conditions attached to ensure compliance with the Fair Work Act and the protection of employees' rights. The parties were required to notify the commission of any variations to the agreement and to provide regular reports on the implementation of the agreement. The decision provides guidance for employers and employees in the construction industry on the process for negotiating and approving enterprise agreements under the Fair Work Act.

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