DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6684)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 NOVEMBER 2016

Application for approval of the Byrne Construction Systems 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 Byrne Construction Systems 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 9 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 Byrne Construction Systems Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought by the union, and the employer opposed it on the grounds that the agreement contained provisions that were not in the best interests of the employees. The case was heard in the Fair Work Commission.

The primary legal issue before the court was whether the terms and conditions outlined in the enterprise agreement were in the best interests of the employees. The employer argued that certain provisions were unfair and not in the employees' best interests, while the union contended that the agreement was fair and balanced. The court had to consider the fairness of the agreement as a whole, including the balance of rights and obligations, the process by which the agreement was negotiated, and whether the agreement was likely to have a positive impact on the employees' working conditions and employment security.

In delivering the decision, the court found that the enterprise agreement was in the best interests of the employees. The court considered the overall fairness of the agreement, the negotiation process, and the potential benefits for the employees. The court noted that the agreement provided for reasonable working conditions, fair remuneration, and adequate protection for employees' rights. The court also found that the process of negotiating the agreement was fair and transparent, with both parties engaging in good faith. As a result, the court approved the enterprise agreement.

The court's final order was the approval of the Byrne Construction Systems Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, which was to take effect from the date of the decision. The employer's objections were dismissed, and the agreement was deemed to be in the best interests of the employees.

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