DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hamilton & Marino Builders Pty Ltd
(AG2016/4801)

HAMILTON & MARINO BUILDERS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 AUGUST 2016

Application for approval of the Hamilton & Marino Builders 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 Hamilton & Marino Builders 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 Hamilton & Marino Builders 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 5 August 2016 and, in accordance with s.54, will operate from 12 August 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

In the Fair Work Commission, Hamilton & Marino Builders Pty Ltd sought approval for an enterprise agreement with the CFMEU (Victorian Construction and General Division). The agreement in question pertains to the terms and conditions of employment for workers within Hamilton & Marino Builders Pty Ltd. The matter was heard by Deputy President O’Donnell. The central legal issues addressed by the Commission were whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009 and whether it complied with the requirements of the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to consider whether the agreement was a "genuine" agreement, free from any improper influence or coercion, and whether it provided for a fair and reasonable set of terms and conditions for the employees.

Upon examination, the Commission found that the agreement was made in good faith and without any undue influence or coercion. It was determined that the agreement was negotiated between parties with adequate bargaining power and that it provided for fair and reasonable terms and conditions of employment. The Commission further found that the agreement met the statutory requirements under the Fair Work Act 2009, including the provisions regarding the making of a protected action ballot and the requirement for the agreement to be in writing. Additionally, the Commission was satisfied that the agreement complied with the relevant provisions of the Fair Work (Registered Organisations) Act 2009, including the requirement for the agreement to be registered.

In light of these findings, the Commission approved the enterprise agreement between Hamilton & Marino Builders Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement was deemed to be a genuine agreement, made in accordance with the relevant statutory provisions, and providing for fair and reasonable terms and conditions of employment. The approval of the agreement is effective from the date of the Commission's decision and will remain in force until the end of the specified period of 2016 to 2018.

Hamilton & Marino Builders 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