DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5779)

2GOBS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the 2GOBS 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 2GOBS 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 27 September 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 applicants, 2GOBS Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), applied to the Fair Work Commission for approval of their Enterprise Agreement for the period 2016 to 2018. The application was made under the Fair Work Act 2009. The nature of the dispute was whether the proposed enterprise agreement met the criteria for approval, including provisions relating to pay rates, conditions of employment, and procedural fairness.

The legal issues before the court included whether the agreement provided for fair and reasonable pay rates and conditions, and whether it complied with the procedural fairness requirements under the Fair Work Act. The court also had to consider whether the agreement appropriately balanced the interests of the employer and employees. The applicants needed to demonstrate that the agreement was made in good faith and without coercion.

The Fair Work Commission found that the agreement met the criteria for approval. It considered the pay rates and conditions to be fair and reasonable, taking into account the economic climate and industry standards. The Commission was satisfied that the agreement had been made in good faith and that the procedural fairness requirements were met. The Commission also found that the agreement appropriately balanced the interests of both parties. The application was approved, and the enterprise agreement was registered.

The Commission's final orders included the approval and registration of the 2GOBS Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was to take effect from the date of registration and remain in force until the specified expiration date. The Commission emphasised the importance of continued good faith bargaining and compliance with the Fair Work Act by both parties.

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