DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6247)

XE CONCRETE CONSTRUCTIONS 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 XE Concrete 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 XE Concrete 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 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 before the court involved an application for the approval of the XE Concrete Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Construction, Forestry, Mining and Energy Union sought approval of the agreement under the Fair Work Act 2009, while XE Concrete Constructions Pty Ltd opposed the application. The matter was heard in the Fair Work Commission, the industrial relations tribunal of Australia, tasked with resolving disputes and promoting cooperative workplace relations.

The primary legal issue before the court was whether the Enterprise Agreement met the criteria for approval as set out in the Fair Work Act. The court was required to determine if the agreement contained the necessary minimum terms and conditions, provided for a proper process for the resolution of disputes, and did not contravene any provisions of the Act. The court also needed to assess whether the agreement was genuinely negotiated and not imposed on the employees.

The Fair Work Commission thoroughly examined the terms of the Enterprise Agreement, taking into consideration the submissions made by both parties. The court found that the agreement met the requirements of the Fair Work Act, including the inclusion of the minimum terms and conditions, a dispute resolution process, and no contraventions of the Act. The court further determined that the agreement was genuinely negotiated and not imposed on the employees. Consequently, the Fair Work Commission approved the Enterprise Agreement, allowing it to take effect from the specified commencement date.

The court's final order was to approve the XE Concrete Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, as it met the criteria for approval under the Fair Work Act. This decision ensured that the agreement would provide a stable and fair framework for the employment relationship between the employer and the employees represented by the union.

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