DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FDC Business Services Pty Ltd
(AG2018/3709)

FDC BUILDING SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 23 AUGUST 2018

Application for approval of the FDC Building Services 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 FDC Building Services 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 FDC Business Services Pty Ltd. 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 30 August 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

In the matter of an application for approval of the FDC Building Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the applicant, FDC Business Services Pty Ltd, sought approval from the Fair Work Commission. The applicant argued that the proposed enterprise agreement contained terms and conditions that were fair and reasonable, and should be approved. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) opposed the application, arguing that the proposed agreement contained terms that were not fair and reasonable.

The legal issues before the court were whether the terms and conditions of the proposed enterprise agreement were fair and reasonable, and whether the agreement should be approved. The court considered the evidence and submissions from both parties, and examined the terms and conditions of the proposed agreement in detail. The court also considered the principles of fairness and reasonableness, and whether the proposed agreement complied with relevant legislation.

The court found that the proposed enterprise agreement contained terms and conditions that were fair and reasonable, and should be approved. The court considered that the agreement provided for appropriate protections for employees, and that the terms and conditions were not detrimental to the employees or the employer. The court also found that the agreement complied with relevant legislation, and that the application should be approved. The court made orders approving the enterprise agreement.

The court's decision was that the proposed enterprise agreement between FDC Business Services Pty Ltd and the CFMEU (Victorian Construction and General Division) should be approved, and that the agreement was fair and reasonable. The court considered that the agreement provided for appropriate protections for employees, and that the terms and conditions were not detrimental to the employees or the employer. The court also found that the agreement complied with relevant legislation, and that the application should be approved. The court made orders approving the enterprise agreement.

FDC Business Services 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