DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Classic Contractors Pty Ltd
(AG2016/2415)

CLASSIC CONTRACTORS PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 MARCH 2016

Application for approval of the Classic Contractors Pty Ltd Employee Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Classic Contractors Pty Ltd Employee Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Classic Contractors 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 Agreement was approved on 21 March 2016 and, in accordance with s.54, will operate from 28 March 2016. The nominal expiry date of the Agreement is 21 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Classic Contractors Pty Ltd applied for approval of an Enterprise Agreement which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union. The application was opposed by the Building and Construction Trades Union on the basis that the proposed agreement would be detrimental to the union's members. The Full Bench of the Fair Work Commission heard the application. The legal issues were whether the agreement met the requirements of the Fair Work Act, including the "better off overall test" (BOOT) and whether the agreement had been made in good faith and without coercion.

The Full Bench found that the agreement had been negotiated in good faith and met the BOOT. They noted that the agreement included provisions for wages and conditions that were no less favourable than the relevant industry award and provided for improvements in other areas such as leave entitlements and dispute resolution mechanisms. The Full Bench concluded that the proposed agreement did not have the effect of undermining the relevant award or the industrial system generally. The application was approved, and the agreement was registered.

The Full Bench further found that the Building and Construction Trades Union had failed to demonstrate that the proposed agreement was detrimental to its members. The Full Bench was satisfied that the agreement provided for a fair and reasonable outcome for all parties and was in the best interests of the employees. The application for approval of the proposed Enterprise Agreement was successful.

Classic Contractors 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