DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6213)

MULTIFORM CONSTRUCTIONS (VIC) 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 Multiform Constructions (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 Multiform Constructions (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 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 before the Fair Work Commission involved an application for the approval of an enterprise agreement between Multiform Constructions (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly with regard to its provisions concerning pay and conditions for employees.

The primary legal issue was whether the enterprise agreement, as submitted, met the statutory requirements under the Fair Work Act. This included whether the agreement had been fairly and genuinely negotiated, and whether it contained the minimum terms and conditions as prescribed by law. Additionally, the court needed to determine if the agreement adequately covered the specified bargaining unit and if it provided for the resolution of any disputes that might arise.

In its decision, the Fair Work Commission considered the submissions from both parties and examined the content of the agreement. The Commission found that the agreement had been negotiated in good faith and contained all the necessary minimum terms and conditions. It was concluded that the agreement was fair and genuinely negotiated, covering all employees within the specified bargaining unit. The Commission also noted that the agreement included provisions for resolving disputes, which met the legal requirements. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the Fair Work Act.

The Fair Work Commission approved the Multiform Constructions (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, confirming its compliance with the Fair Work Act. This decision ensures that the terms and conditions outlined in the agreement are legally binding for the specified period.

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