DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6303)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Edgestress 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 Edgestress 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 20 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for approval of the Enterprise Agreement between Edgestress Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The application was brought before the Fair Work Commission, which is tasked with overseeing the approval of enterprise agreements in Australia. The dispute centres around whether the agreement meets the legal criteria for approval under the Fair Work Act 2009.

The court was required to determine if the agreement was made in good faith, if it was genuinely an enterprise agreement, and if it met the specific requirements for approval under the Act. This included assessing if the agreement contained all the mandatory terms prescribed by the Act, and if it provided for a fair and efficient way to resolve workplace disputes. Additionally, the court needed to examine if the agreement was made without any coercion or pressure on the part of either party.

The Fair Work Commission examined the details of the agreement, the process through which it was negotiated, and the evidence provided by both parties. The Commission found that the agreement was negotiated in good faith, met all the mandatory terms required by the Act, and contained provisions for an efficient dispute resolution process. It also found that there was no evidence of any coercion or undue influence exerted by either party during the negotiation process. Based on these findings, the Commission approved the Enterprise Agreement, confirming that it met all the necessary legal criteria.

The Fair Work Commission's decision was to approve the Enterprise Agreement between Edgestress Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The Commission found that the agreement was made in good faith, contained all mandatory terms, and provided for an efficient dispute resolution process. The approval of the agreement signifies its compliance with the Fair Work Act 2009 and its suitability for implementation in the workplace.

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