DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6306)

VICTORIAN DRILLING SERVICES PTY LTD T/AS BROWNS PILING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PILING ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of the Victorian Drilling Services Pty Ltd T/As Browns Piling and the CFMEU (Victorian Construction and General Division) Piling Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Drilling Services Pty Ltd T/As Browns Piling and the CFMEU (Victorian Construction and General Division) Piling 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Victorian Drilling Services Pty Ltd, trading as Browns Piling. The dispute was regarding the approval of the Piling Enterprise Agreement 2016-2018. The matter was heard in the Fair Work Commission, Australia's independent industrial relations tribunal.

The key legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees. Specifically, the Commission needed to determine if the agreement provided fair and reasonable terms and conditions, and if it was genuinely negotiated and approved by the necessary parties.

The Fair Work Commission found that the agreement did meet the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement was negotiated in good faith and that it provided fair and reasonable terms for the employees. The Commission was also satisfied that the agreement was approved by the necessary parties, including the CFMEU and Victorian Drilling Services. Therefore, the Commission approved the Piling Enterprise Agreement 2016-2018.

The Fair Work Commission approved the Piling Enterprise Agreement 2016-2018, finding that it met the statutory requirements and was in the best interests of the employees. The Commission determined that the agreement was genuinely negotiated and approved by the necessary parties, and that it provided fair and reasonable terms and conditions for 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