DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5455)

CONTRACT CONTROL SERVICES 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 the approval of the Contract Control Services 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 Contract Control Services 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of the Enterprise Agreement between Contract Control Services Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The agreement, which was made under the Fair Work Act 2009, was intended to regulate the terms and conditions of employment for the employees of Contract Control Services Pty Ltd. The union argued that the agreement was fair and reasonable, while the employer contested that the agreement contained provisions that were not in line with the requirements of the Act.

The key legal issues that the Commission had to address included whether the agreement was made in accordance with the procedures outlined in the Act, whether it contained provisions that were not reasonably necessary to regulate employment, and whether it was likely to have a detrimental effect on the employees. The Commission also had to consider whether the agreement met the criteria for approval under the Act.

After reviewing the submissions and evidence from both parties, the Commission found that the agreement was made in accordance with the Act and that it did not contain any provisions that were not reasonably necessary to regulate employment. The Commission also found that the agreement was likely to have a positive effect on the employees, as it contained provisions that were beneficial to them, such as increased pay rates and improved working conditions. The Commission approved the agreement, noting that it met the criteria for approval under the Act.

The Commission's decision was based on a detailed analysis of the agreement and the evidence presented by both parties. The Commission found that the agreement was fair and reasonable, and that it met the requirements of the Act. The Commission also noted that the agreement was beneficial to the employees, and that it would have a positive effect on their working conditions.

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