DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scentre Design and Construction Pty Ltd
(AG2016/3835)

SCENTRE DESIGN & CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 11 JULY 2016

Application for approval of the Scentre Design & Construction 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 Scentre Design & Construction 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 Scentre Design and Construction 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 11 July 2016 and, in accordance with s.54, will operate from 18 July 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

The applicants, Scentre Design and Construction Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The core of the matter revolved around whether the proposed enterprise agreement met the legislative requirements for approval, particularly whether it provided for the appropriate minimum terms and conditions of employment, and whether it was genuinely negotiated.

The legal issues the commission needed to address included whether the agreement was made in good faith and whether it provided for the appropriate minimum terms and conditions. The applicants argued that the agreement was the product of genuine negotiations and met all necessary legislative criteria. The union also supported the application, confirming that the agreement was fairly negotiated and provided for the required minimum terms. The commission had to assess the evidence presented and determine whether the agreement met the statutory requirements for approval.

In its decision, the commission found that the applicants had satisfied all the necessary conditions for the approval of the enterprise agreement. The commission was satisfied that the agreement was genuinely negotiated and provided for the appropriate minimum terms and conditions. The commission noted the efforts made by both parties to reach an agreement that balanced the interests of employers and employees. The commission approved the enterprise agreement, highlighting the importance of such agreements in promoting harmonious industrial relations. The final orders included the approval of the enterprise agreement as proposed, with the specified conditions and duration.

Scentre Design and Construction 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