DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5505)

VAN DER VEEN HOLDINGS PTY LTD T/A PRO GRIND AUSTRALIA AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 SEPTEMBER 2016

Application for approval of the Van Der Veen Holdings Pty Ltd t/a Pro Grind Australia and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Van Der Veen Holdings Pty Ltd t/a Pro Grind Australia and CFMEU Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2016. The nominal expiry date of the Agreement is 1 February 2019

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of the Van Der Veen Holdings Pty Ltd trading as Pro Grind Australia and the Construction, Forestry, Mining and Energy Union Enterprise Agreement 2016, the Fair Work Commission was called upon to determine whether the agreement should be certified and registered. The applicant, Van Der Veen Holdings, sought approval of the agreement, while the CFMEU acted as the representative for the employees.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement had been made in good faith and whether it provided for the mandatory matters as stipulated in the Act. Furthermore, the Commission needed to consider if the agreement was likely to achieve the objectives of the Act, particularly in relation to promoting higher wages and better conditions.

The Commission, in considering the evidence presented by both parties, found that the agreement was made in good faith and provided for all the mandatory matters required by the Act. Additionally, the Commission concluded that the agreement was likely to achieve the objectives of the Act, including promoting higher wages and better conditions for employees. As such, the Commission approved and registered the agreement, finding it to be in the best interests of the employees and the employer.

The Fair Work Commission approved and registered the Van Der Veen Holdings Pty Ltd t/a Pro Grind Australia and CFMEU Enterprise Agreement 2016, determining that the agreement met the necessary requirements under the Fair Work Act 2009.

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