DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6037)

NOBLE ALLIANCE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 OCTOBER 2016

Application for approval of the NOBLE ALLIANCE 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 NOBLE ALLIANCE 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 10 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for the approval of the NOBLE ALLIANCE PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant union contended that the agreement provided for fair and reasonable terms and conditions for employees working within the scope of the agreement. The employer opposed the application, arguing that the agreement did not provide for fair and reasonable terms and conditions.

The Commission considered the statutory requirements for approving an enterprise agreement, including whether the agreement provided for fair and reasonable terms and conditions. The Commission examined the provisions of the agreement and the evidence presented by both parties. The Commission noted that the agreement provided for a range of terms and conditions, including pay rates, hours of work, and leave entitlements. The Commission also considered the impact of the agreement on the employer's business and the employees' rights and interests.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement provided for fair and reasonable terms and conditions for employees working within the scope of the agreement. The Commission approved the agreement, noting that it provided for a range of protections and benefits for employees, including pay rates that were above the minimum award rates, and provisions for flexible working arrangements and dispute resolution. The Commission also noted that the agreement provided for a fair and efficient process for resolving disputes between the parties.

The Fair Work Commission approved the NOBLE ALLIANCE PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees working within the scope of the agreement. The Commission approved the agreement, noting its provisions for pay rates, hours of work, leave entitlements, and dispute resolution. The Commission also considered the impact of the agreement on the employer's business and the employees' rights and interests.

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