DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5869)

CONSET TRUST (THE TRUSTEE FOR) T/AS CONSET MANAGEMENT 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 CONSET TRUST (THE TRUSTEE FOR) T/As CONSET MANAGEMENT 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 CONSET TRUST (THE TRUSTEE FOR) T/As CONSET MANAGEMENT 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and Conset Management Pty Ltd brought an application to the Fair Work Commission (FWC) for approval of the Conset Management Pty Ltd Enterprise Agreement 2016-2018. The CFMEU is an industrial union representing employees in various sectors, including construction, forestry, mining, and energy, while Conset Management Pty Ltd operates in the construction industry. The dispute centred on whether the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. The FWC had to determine if the agreement was fair and compliant with the legislative framework governing enterprise agreements in Australia.

The primary legal issues before the FWC were whether the agreement contained the necessary minimum entitlements as outlined in the Fair Work Act and whether it complied with procedural requirements. Specifically, the FWC had to consider whether the agreement provided for terms and conditions of employment that met or exceeded the national minimum standards and whether the agreement had been genuinely negotiated and agreed upon by the parties involved. Additionally, the FWC needed to assess if there was proper consultation and if the agreement had been properly registered.

The FWC found that the agreement contained all the required minimum entitlements and that it was genuinely negotiated and agreed upon by the parties. The FWC noted that the agreement provided for wages, leave, and other conditions of employment that were at least equal to the national minimum standards. Furthermore, the FWC concluded that there had been proper consultation between the union and the employer during the negotiation process. As a result, the FWC approved the Conset Management Pty Ltd Enterprise Agreement 2016-2018, finding it to be fair and compliant with the statutory requirements.

The FWC's decision to approve the enterprise agreement means that it will now be legally binding on the parties involved. The agreement will govern the terms and conditions of employment for the employees of Conset Management Pty Ltd for the period 2016-2018, provided it remains in force. This outcome ensures that the employees will have a clear and legally enforceable agreement that outlines their rights and obligations, as well as those of their employer.

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