DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crib Retaining Walls Pty Ltd As Trustee for Crib Retaining Walls Trust T/A Crib Civil
(AG2018/2631)

CRIB RETAINING WALLS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2018

Application for approval of the CRIB RETAINING WALLS 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 CRIB RETAINING WALLS 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 Crib Retaining Walls Pty Ltd As Trustee for Crib Retaining Walls Trust T/A Crib Civil. 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, Maritime, 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 6 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crib Retaining Walls Pty Ltd As Trustee for Crib Retaining Walls Trust T/A Crib Civil, in their capacity as the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), as the representative for the employees, sought the court’s approval of the Enterprise Agreement 2016-2018. The dispute arose from the negotiation process and the terms of the agreement, which the union had deemed unsatisfactory. The matter was heard in the Fair Work Commission, the tribunal responsible for regulating and approving such agreements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the statutory requirements and whether it provided for the employees' pay and conditions of employment in a fair and reasonable manner. The union argued that certain provisions of the agreement were unfair, while the employer contended that the agreement was fair and had been negotiated in good faith. The Commission needed to determine whether the agreement met the criteria for approval, particularly under sections 231 and 233 of the Fair Work Act, which mandate that agreements be made in good faith and provide for fair and reasonable terms and conditions.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been made in good faith and provided for fair and reasonable terms and conditions. The Commission considered the process by which the agreement was negotiated, the fairness of the terms, and the extent to which the agreement met the statutory criteria. The union's arguments regarding certain provisions were not sufficient to establish that the agreement was unfair. Therefore, the Commission approved the Enterprise Agreement 2016-2018.

The Commission issued an order approving the Enterprise Agreement 2016-2018, confirming that it met the statutory requirements and provided for fair and reasonable terms and conditions. The agreement was to be registered with the Fair Work Ombudsman and would be in effect from the date of the Commission's decision. Both parties were directed to abide by the terms of the approved agreement.

Crib Retaining Walls Pty Ltd As Trustee for Crib Retaining Walls Trust T/A Crib Civil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established