DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Victors Civil (Aust) Pty Ltd
(AG2015/1003)

VICTORS CIVIL (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 MAY 2015

Application for approval of the Victors Civil (Aust) Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Victors Civil (Aust) Pty Ltd / CFMEU Collective Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction Forestry Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Victors Civil (Aust) Pty Ltd, represented by its chief executive, sought approval of the Victors Civil (Aust) Pty Ltd/CFMEU Collective Agreement 2015-2017, with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) acting as the relevant trade union. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The central dispute centred around whether the agreement complied with the provisions outlined in the Act, particularly concerning its fairness and the manner in which it was negotiated.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, free from coercion or undue influence, and whether it met the standards of procedural and substantive fairness. This involved assessing the negotiation process, the content of the agreement, and whether it aligned with the principles of good faith bargaining and provided adequate protections for employees. The Commission also considered whether the agreement was consistent with the relevant national workplace determinations and whether it provided for the proper protection of employee interests.

The Fair Work Commission meticulously examined the negotiation process, the content of the agreement, and its compliance with national workplace determinations. The Commission found that the negotiation process was generally conducted in good faith, without undue influence or coercion. However, certain provisions of the agreement were deemed not to meet the standards of procedural fairness as they did not adequately reflect the outcomes of the negotiation process. Despite these issues, the Commission concluded that the overall fairness of the agreement was not significantly compromised and that the benefits to the employees outweighed the procedural shortcomings. Consequently, the Commission approved the agreement with specific conditions to address the identified shortcomings.

The final orders of the Commission included the approval of the collective agreement, subject to the conditions set forth to rectify the procedural issues identified during the review. These conditions were designed to ensure that future negotiations would adhere more closely to the principles of procedural fairness, thereby safeguarding the interests of the employees and maintaining the integrity of the bargaining process.

Victors Civil (Aust) 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