DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6609)

AUSTRALIAN CONSTRUCTION SYSTEMS OPERATIONS UNIT TR T/AS SUREFORM SYSTEMS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

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

Application for approval of the Australian Construction Systems Operations Unit TR T/As Sureform Systems 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 Australian Construction Systems Operations Unit TR T/As Sureform Systems 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 31 October 2016 and, in accordance with s.54, 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

The case involved an application for the approval of the Australian Construction Systems Operations Unit TR T/As Sureform Systems and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The application was made to the Fair Work Commission (FWC) by the employer, which sought the FWC's endorsement of the proposed enterprise agreement. The Union opposed the application, arguing that certain provisions of the agreement were not in compliance with the Fair Work Act 2009.

The primary legal issue before the FWC was whether the provisions of the proposed enterprise agreement were consistent with the requirements of the Fair Work Act. The Union's objections focused on certain provisions regarding the classification of employees and the use of sub-contractors, which it argued were not in line with the provisions of the Act. The FWC was required to determine whether these provisions met the necessary standards for approval and whether the agreement was in the best interests of the employees.

The FWC found that the provisions of the enterprise agreement were consistent with the requirements of the Fair Work Act. It held that the classification of employees and the use of sub-contractors were not only in compliance with the Act but also served the best interests of the employees. The FWC noted that the agreement provided for fair and equitable treatment of employees, including provisions for wages, hours of work, and other conditions of employment. The FWC also found that the agreement provided for a fair and efficient workplace, with provisions for the use of sub-contractors that were necessary to maintain the competitiveness of the employer.

As a result, the FWC approved the proposed enterprise agreement, finding that it met the necessary standards for approval under the Fair Work Act. The FWC noted that the agreement provided for fair and equitable treatment of employees, with provisions for wages, hours of work, and other conditions of employment that were consistent with the requirements of the Act. The Union's objections were rejected, and the agreement was approved for implementation.

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