DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6250)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 OCTOBER 2016

Application for approval of the SRG Building (Southern) 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 SRG Building (Southern) 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 7 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

In the case of Construction, Forestry, Mining and Energy Union, the applicant, the union sought approval for an enterprise agreement between SRG Building (Southern) Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the Commission were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 and whether it adhered to the principles of the Fair Work system. Key concerns included whether the agreement provided for a fair and reasonable process for resolving workplace disputes, whether it included adequate provisions for minimum wages and conditions, and whether it was free from any unlawful content or unfair provisions.

The Commission examined the terms of the agreement and found that it met the necessary requirements. The agreement was deemed to be procedurally sound, providing for a fair and reasonable process for resolving workplace disputes. Additionally, it included provisions that aligned with the minimum wages and conditions set out in the relevant awards and national employment standards. The Commission concluded that the agreement was free from any unlawful content and did not contain any unfair provisions. As such, the application for approval was granted.

The Commission approved the SRG Building (Southern) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was set to commence on 1 July 2016 and expire on 30 June 2018, subject to any necessary variations or terminations in accordance with the Fair Work Act 2009.

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