DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/535)

ASZURE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 23 MARCH 2018

Application for approval of the and the Aszure 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 and the Aszure 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 30 March 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union applied to the Fair Work Commission for approval of the Aszure Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was heard by the Full Bench of the Fair Work Commission, with Deputy President E Matthews, Commissioner J Naughton and Commissioner S Prowse presiding. The nature of the dispute centred on the terms and conditions of the proposed enterprise agreement, which the union sought to have approved by the Commission.

The legal issues that arose in this case included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically whether the agreement contained the mandated minimum terms and conditions, and whether the union had followed the correct procedures in reaching the agreement. Another issue was whether the agreement was genuinely negotiated and whether it was in the best interests of the employees covered by the agreement.

The Fair Work Commission examined the evidence provided by both parties and considered the arguments presented. The Commission found that the agreement met the statutory requirements for approval and that it contained the mandated minimum terms and conditions. The Commission also found that the union had followed the correct procedures in reaching the agreement and that the agreement was genuinely negotiated. Furthermore, the Commission found that the agreement was in the best interests of the employees covered by the agreement. Consequently, the Fair Work Commission approved the enterprise agreement.

In summary, the Fair Work Commission approved the Aszure Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission found that the agreement met the statutory requirements for approval and contained the mandated minimum terms and conditions. The Commission also found that the union had followed the correct procedures in reaching the agreement and that the agreement was genuinely negotiated and in the best interests of 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