DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2016/5389)

TRACKWORKS CIVIL CONTRACTING PTY LTD T/AS TRACKWORKS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 SEPTEMBER 2016

Application for approval of the Trackworks Civil Contracting Pty Ltd T/As Trackworks 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 Trackworks Civil Contracting Pty Ltd T/As Trackworks 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 13 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 applicant, Trackworks Civil Contracting Pty Ltd trading as Trackworks, sought approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union-Victoria Branch. The application was heard by the Fair Work Commission, which was required to consider whether the agreement complied with the Fair Work Act 2009. The union argued that the application should be dismissed because the agreement did not meet the requirements of the Act.

The primary legal issue was whether the agreement was a genuine enterprise agreement within the meaning of section 172 of the Act. The Commission considered whether the agreement contained all the mandatory terms prescribed by the Act, and whether it was fairly negotiated and contained appropriate dispute resolution processes. The union argued that the agreement did not provide adequate protections for employees in relation to redundancy and termination of employment.

The Fair Work Commission found that the agreement was a genuine enterprise agreement, and granted approval. The Commission found that the agreement contained all the mandatory terms prescribed by the Act, and that it was fairly negotiated. The Commission also found that the agreement contained appropriate dispute resolution processes, and that it provided adequate protections for employees in relation to redundancy and termination of employment.

No further orders were made.

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