DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5857)

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

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

Application for approval of the CIVIWORKS 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 CIVIWORKS 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 3 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between CIVIWORKS PTY LTD and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The application was brought before the Fair Work Commission, which is responsible for regulating enterprise agreements and ensuring compliance with the Fair Work Act 2009. The dispute arose due to concerns regarding the fairness and compliance of the proposed agreement with the statutory requirements.

The primary legal issues the court had to address were whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly concerning the requirements for good faith bargaining, coverage of the agreement, and the terms and conditions it proposed. The court needed to determine if the agreement was made in good faith, if it was appropriately negotiated, and if it contained terms and conditions that were fair and reasonable.

The Fair Work Commission evaluated the evidence and submissions provided by both parties. It considered the process of negotiation and the extent to which the agreement reflected the terms of a genuine bargain between the employer and the union. The Commission found that the agreement was made in good faith and that the negotiation process was appropriate. The terms and conditions of the agreement were deemed to be fair and reasonable, meeting the statutory requirements for enterprise agreements. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission's final orders were to approve the CIVIWORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms and conditions between the parties for the specified period, subject to the provisions of the Fair Work Act.

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