DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5661)

ORACLE STRUCTURES TRUST (THE TRUSTEE FOR) T/AS ORACLE STRUCTURES 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 Oracle Structures Trust (The Trustee for) t/as Oracle Structures 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 Oracle Structures Trust (The Trustee for) t/a Oracle Structures 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and Oracle Structures Trust (The Trustee for) t/as Oracle Structures Pty Ltd were parties in a dispute which was heard by the Fair Work Commission. The CFMEU sought approval for the Oracle Structures Trust (The Trustee for) t/as Oracle Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This agreement outlined the terms and conditions of employment for employees within the enterprise. The legal issues that the Fair Work Commission had to decide involved whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if the agreement was in the interests of the employees.

The Fair Work Commission examined the agreement to determine if it met the statutory requirements set out in the Fair Work Act 2009. The court assessed if the agreement covered minimum entitlements, provided for a proper bargaining process, and if it was fair and reasonable. The Commission also had to consider if the agreement was in the interests of the employees, taking into account their rights, protections, and entitlements. The court found that the agreement was in compliance with the Fair Work Act 2009 and was in the best interests of the employees. The Commission approved the agreement, finding it to be fair and reasonable, and in the interests of the employees.

The Fair Work Commission approved the Oracle Structures Trust (The Trustee for) t/as Oracle Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, with the decision to be effective from the date of the approval. The agreement was found to meet the statutory requirements set out in the Fair Work Act 2009, and was deemed to be in the best interests of the employees. The court found the agreement to be fair and reasonable, and granted approval for it to be implemented.

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