DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2016/5474)

SP & CM ROBERTSON & A & C THOMPSON FAMILY TRUST T/AS AUSTVIEW AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the SP & CM Robertson & A & C Thompson Family Trust T/As Austview 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 SP & CM Robertson & A & C Thompson Family Trust T/As Austview 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 15 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 case involves the Construction, Forestry, Mining and Energy Union-Victoria Branch, which sought approval of the SP & CM Robertson & A & C Thompson Family Trust T/As Austview and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute was heard by the Fair Work Commission, which is tasked with resolving workplace disputes and approving enterprise agreements.

The central legal issue before the Commission was whether the enterprise agreement in question met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it was appropriately certified by an independent certifier. Furthermore, the Commission needed to examine whether the agreement contained provisions that could potentially lead to unfair dismissal or redundancy of employees.

The Commission carefully reviewed the provisions of the enterprise agreement, considering factors such as the balance of rights and obligations, the nature of the bargaining process, and the overall fairness of the terms. The Commission found that the agreement did indeed meet the statutory requirements for approval. The agreement was deemed to provide for fair and reasonable terms and conditions, and it had been appropriately certified by an independent certifier. The Commission also concluded that the agreement did not contain any provisions that could potentially lead to unfair dismissal or redundancy of employees.

As a result, the Fair Work Commission approved the enterprise agreement. This decision allows the agreement to be implemented and enforced between the parties, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

Construction, Forestry, Mining and Energy Union-Victoria Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established