DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5895)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the BARON FORGE CONTRACTORS 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 BARON FORGE CONTRACTORS 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 4 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

In the recent case of the Construction, Forestry, Mining and Energy Union, the Fair Work Commission was tasked with considering an application for approval of the BARON FORGE CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred on whether the proposed agreement complied with the relevant legislative requirements, including the Fair Work Act 2009, and whether it was made in good faith.

The primary legal issue before the Commission was whether the agreement contained terms and conditions that were fair and reasonable, and whether the agreement had been made in good faith. The Commission also needed to determine if the agreement met the statutory requirements for registration and if it appropriately balanced the interests of both the employer and the employees.

The Commission carefully examined the contents of the agreement, considering the provisions on wages, hours of work, and other employment conditions. It assessed whether the agreement met the statutory criteria for approval, including the requirement for it to be free from coercion, undue influence, and to provide for proper representation. The Commission concluded that the agreement was fair and reasonable and had been made in good faith, and that it met all legislative requirements for registration.

Consequently, the Fair Work Commission approved the enterprise agreement, recognising its compliance with the relevant statutory provisions and its fairness and reasonableness. The decision underscored the importance of balancing the interests of both employers and employees in enterprise agreements, and confirmed the role of the Commission in ensuring that agreements meet the necessary legal standards.

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