DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vaughan Constructions Pty Ltd
(AG2019/889)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 APRIL 2019

Application for approval of the Vaughan Constructions 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 Vaughan Constructions 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 Vaughan Constructions 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 12 April 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Vaughan Constructions Pty Ltd, sought approval for an enterprise agreement with the CFMEU (Victorian Construction and General Division). The dispute was heard by the Fair Work Commission. The central issue before the court was whether the enterprise agreement met the criteria set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, if it was appropriately certified, and if it contained terms that were reasonably necessary to protect employees' rights and entitlements.

The Fair Work Commission examined the process through which the agreement was made and whether it was done in good faith. The Commission also considered if the agreement was appropriately certified by an accredited bargaining representative. Furthermore, the Commission reviewed the terms of the agreement to ensure they were necessary to protect the rights and entitlements of the employees involved. The court found that the agreement was made in good faith and was appropriately certified. It also found that the terms of the agreement were necessary to protect the employees' rights and entitlements.

Consequently, the Fair Work Commission approved the enterprise agreement between Vaughan Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The decision was based on the finding that the agreement met all the necessary criteria and was in the best interests of the employees involved.

Vaughan Constructions 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