DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6412)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 OCTOBER 2016

Application for approval of the SEALWELL (VIC) 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 SEALWELL (VIC) 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 26 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and SEALWELL (VIC) PTY LTD applied to the Fair Work Commission for the approval of an enterprise agreement. The agreement in question was the SEALWELL (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The primary dispute revolved around the terms and conditions of employment stipulated in the agreement, particularly those concerning wages, working conditions, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The central legal issues the Commission needed to address were whether the agreement provided for a fair and reasonable terms of employment and whether it adhered to the provisions outlined in the Fair Work Act. Specifically, the Commission examined if the agreement's terms were consistent with the Fair Work Act's objectives of providing for fair work practices and promoting higher wages and better conditions of employment. It was also necessary to determine if the agreement contained adequate provisions for dispute resolution and if it allowed for flexibility in employment terms while maintaining fairness.

After thorough consideration, the Commission found that the agreement met the necessary standards for approval. The agreement provided for fair and reasonable terms of employment, as it included provisions for wages, working hours, and other employment conditions that were deemed adequate. The Commission also found that the agreement contained sufficient dispute resolution mechanisms and allowed for necessary flexibility in employment terms. As such, the Fair Work Commission approved the SEALWELL (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, affirming its compliance with the Fair Work Act.

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