DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6295)

DENFAM CONSTRUCTIONS 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 Denfam Constructions 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 Denfam Constructions 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the court was presented with an application for the approval of an enterprise agreement between Denfam Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The primary issue before the court was to determine whether the proposed enterprise agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. This required an examination of whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions for employees, and whether it was free from any discriminatory provisions.

The court considered several key legal principles in reaching its decision. It evaluated whether the agreement was genuinely negotiated and whether it provided for the fair and reasonable terms and conditions of employment. Additionally, the court had to ensure that the agreement did not unfairly discriminate against any group of employees. The court also examined whether the agreement was consistent with the broader objectives of the Fair Work Act, which aims to promote harmonious, productive and cooperative workplace relations.

Upon review, the court determined that the enterprise agreement was fairly negotiated and did not contain any discriminatory provisions. The court found that the agreement provided for fair and reasonable terms and conditions of employment and aligned with the legislative objectives. Consequently, the court approved the agreement, finding it to be compliant with the Fair Work Act 2009. The decision was made in the interest of promoting fair and harmonious workplace relations, ensuring that the terms and conditions of employment were reasonable and not detrimental to the employees.

The final orders of the court were to approve the Denfam Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, subject to the terms and conditions set forth in the agreement. The approval was contingent upon compliance with the Fair Work Act and the broader objectives of fostering cooperative and productive workplace relations.

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