DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6239)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2016

Application for approval of the HWM Contractors (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 HWM Contractors (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 19 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 an application for approval of an enterprise agreement between HWM Contractors (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was made to the Fair Work Commission (FWC) which was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009. The FWC was called upon to assess the agreement's compliance with the legal framework, focusing on whether it contained the necessary provisions for the protection of employee interests, and whether it was free from any unfair provisions that could be detrimental to employees.

The primary legal issues revolved around the adequacy of the proposed enterprise agreement in terms of compliance with the statutory requirements under the Fair Work Act 2009. This included verifying that the agreement covered all mandatory topics, did not unfairly disadvantage any group of employees, and was genuinely negotiated between the employer and the union. The FWC also needed to ensure that the agreement complied with the public interest considerations, which include maintaining a balanced approach between the interests of employers and employees.

In reaching its decision, the FWC examined the specific provisions of the enterprise agreement, taking into account the submissions from both the employer and the union. The Commission found that the agreement was generally compliant with the legislative requirements, noting that it included all necessary mandatory topics and did not contain any unfair provisions. The FWC acknowledged the union's arguments regarding certain clauses but ultimately determined that the overall agreement was fair and balanced. The Commission concluded that the agreement should be approved as it met the necessary standards under the Fair Work Act 2009.

Consequently, the FWC approved the HWM Contractors (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from 1 June 2016 to 31 May 2018. The approval was contingent upon the agreement being registered with the relevant authorities, and it came into effect upon registration. The decision underscored the FWC's role in ensuring that enterprise agreements align with the legislative framework designed to protect the interests of employees while also considering the needs of employers.

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