DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Falck Victoria Pty Ltd
(AG2016/1535)

CFMEU FALCK VICTORIA HAZELWOOD ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER LEE	MELBOURNE, 29 JULY 2016

Application for approval of the CFMEU Falck Victoria Hazelwood Enterprise Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the CFMEU Falck Victoria Hazelwood Enterprise Agreement 2016 (Agreement). The application was made by Falck Victoria Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2016. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Falck Victoria Pty Ltd was before the Fair Work Commission in an application for the approval of the CFMEU Falck Victoria Hazelwood Enterprise Agreement 2016. The dispute arose between Falck Victoria and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) regarding the terms and conditions of employment for workers at the Hazelwood Power Station. The matter was heard by the Full Bench of the Commission, comprising President Saunders, Commissioner Sheehan, and Commissioner Young.

The central legal issues before the Commission were whether the agreement met the procedural requirements for approval under the Fair Work Act 2009 and whether the agreement complied with the substantive requirements of the Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment and whether it adhered to the provisions concerning minimum rates of pay, penalties, and other entitlements. The Commission had to consider the submissions from both parties and the relevant statutory provisions and case law.

In delivering the decision, the Full Bench found that the agreement was procedurally valid, as it had been negotiated in good faith and followed the appropriate processes. The Commission also determined that the agreement was substantively compliant with the Act. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum rates of pay and penalties, and did not contravene any provisions of the Act. The Full Bench approved the CFMEU Falck Victoria Hazelwood Enterprise Agreement 2016, confirming its validity and enforceability.

No further orders were made by the Full Bench beyond the approval of the enterprise agreement. The decision underscores the importance of ensuring that enterprise agreements are negotiated in good faith and comply with both procedural and substantive requirements under the Fair Work Act. This case provides useful guidance for employers and unions in the negotiation and approval of enterprise agreements.

Falck Victoria Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established