DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SCB Civil Pty Ltd T/A SCB Civil
(AG2018/5182)

SCB CIVIL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 4 OCTOBER 2018

Application for approval of the SCB Civil 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 SCB Civil 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 SCB Civil Pty Ltd T/A SCB 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 11 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, SCB Civil Pty Ltd, trading as SCB Civil, applied to the Fair Work Commission for approval of the Enterprise Agreement between themselves and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The respondent union, CFMEU, opposed the application, arguing that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The application was heard by the Fair Work Commission, specifically a delegate of the President of the Commission.

The central legal issue before the Commission was whether the Enterprise Agreement met the statutory requirements for approval under section 234 of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided for a fair and efficient workplace, and whether it had been made in good faith. The respondent union argued that the agreement did not meet these criteria, primarily due to the lack of provisions relating to penalty rates and the potential for it to undermine the collective bargaining process.

In assessing the application, the Commission considered the content of the Enterprise Agreement and the submissions made by both parties. The Commission noted that while the agreement did not include provisions for penalty rates, it did provide for a range of other protections and benefits for employees. The Commission found that the agreement provided for a fair and efficient workplace, and that it had been made in good faith. Accordingly, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement between SCB Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The Commission found that the agreement met the statutory requirements for approval under the Fair Work Act 2009, and that it provided for a fair and efficient workplace. The Commission rejected the respondent union's arguments that the agreement did not meet these criteria.

SCB Civil Pty Ltd T/A SCB Civil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established