DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6884)

HURRICAIN CONSTRUCTION TRUST T/AS HURRICAIN CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 NOVEMBER 2016

Application for approval of the Hurricain Construction Trust T/As Hurricain Constructions 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 Hurricain Construction Trust T/As Hurricain Constructions 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 17 November 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 court involved an application for the approval of the Hurricain Construction Trust T/As Hurricain Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission by the union, seeking formal approval of the enterprise agreement under the Fair Work Act 2009. The employer, Hurricain Construction Trust, did not oppose the application but raised concerns regarding certain provisions of the agreement.

The central legal issue before the court was whether the enterprise agreement met the requirements for approval under section 231 of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained the necessary minimum terms and conditions as outlined in the Act and if it complied with the procedural requirements for approval. The court also had to consider whether any of the provisions in the agreement unfairly disadvantaged the employer or the employees.

In its decision, the Fair Work Commission found that the enterprise agreement satisfied the requirements for approval under the Fair Work Act. The court noted that the agreement contained all the necessary minimum terms and conditions and that the bargaining process had been conducted in good faith and without any procedural irregularities. While the employer had raised concerns about certain provisions, the court concluded that these provisions did not unfairly disadvantage either party. As a result, the court approved the enterprise agreement, finding it to be in the best interests of the employees and the employer. The decision was made on the basis that the agreement would provide a fair and reasonable framework for the employment relationship between the employer and the employees covered by the 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