DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5955)

HAMMOND FAMILY TRUST (THE TRUSTEE FOR) T/AS VIEWBANK PAVING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the Hammond Family Trust (The Trustee for) T/As Viewbank Paving 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 Hammond Family Trust (The Trustee for) T/As Viewbank Paving 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 6 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for approval of the Hammond Family Trust (The Trustee for) trading as Viewbank Paving and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission (FWC) to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement, as proposed, complied with the legislative requirements under the Fair Work Act 2009. Specifically, the court needed to consider whether the agreement provided for minimum entitlements, was free from prohibited content, and had been made in good faith. The court also needed to examine if the agreement was consistent with the principles of enterprise bargaining, including whether it facilitated efficient and productive workplace relations.

The Fair Work Commission found that the enterprise agreement did not adequately provide for minimum entitlements, as it did not specify certain rates of pay and conditions that were required by law. Additionally, the court identified that the agreement contained some provisions that were inconsistent with the principles of good faith bargaining. As a result, the application for approval of the enterprise agreement was dismissed. The court directed the parties to return to the negotiating table to address the deficiencies and to ensure that the agreement complied with the statutory requirements and the principles of good faith bargaining.

The final orders of the court were that the application for approval of the enterprise agreement was dismissed. The parties were directed to recommence negotiations to address the issues identified by the court, and to submit an amended agreement for approval once the necessary changes had been made. The decision emphasised the importance of ensuring that enterprise agreements meet the legal standards set out in the Fair Work Act 2009 and the principles of good faith bargaining.

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