DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Built Vic Pty Ltd
(AG2016/4292)

BUILT (VIC) PTY LTD AND CFMEU (VICTORIA) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 SEPTEMBER 2016

Application for approval of the Built (VIC) Pty Ltd and CFMEU (Victoria) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Built (VIC) Pty Ltd and CFMEU (Victoria) 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 Built VIC Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Built Vic Pty Ltd, sought approval of the Built (VIC) Pty Ltd and CFMEU (Victoria) Enterprise Agreement 2016-2018, in the Fair Work Commission. The respondent, CFMEU (Victoria), opposed the application on the basis that the agreement did not meet the requirements of section 230 of the Fair Work Act 2009. The dispute centred on the provisions of the agreement related to the employment of labour-hire workers and the imposition of certain conditions on those workers.

The legal issues before the Commission were whether the provisions concerning labour-hire workers were consistent with the requirements of section 230, which mandates that an enterprise agreement must not have the effect of disadvantaging employees. The respondent argued that the agreement disadvantaged labour-hire workers by imposing conditions that were less favourable than those that would apply if the workers were directly employed by Built Vic. The Commission needed to determine if these conditions indeed disadvantaged the workers and, if so, whether the overall agreement was still fair and balanced.

The Commission found that the provisions in question did disadvantage labour-hire workers by imposing conditions less favourable than those that would apply if they were directly employed by Built Vic. However, the Commission also found that the agreement as a whole was fair and balanced, taking into account the broader context and the benefits provided to the workers. The Commission concluded that the provisions did not significantly undermine the fairness of the overall agreement, and therefore approved the application for the agreement.

Built Vic 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