DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3740)

BUILT VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 DECEMBER 2020

Application for approval of the BUILT VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the BUILT VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023 (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, Maritime, Mining and Energy Union. 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 23 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the BUILT VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The dispute centred on the terms of the proposed enterprise agreement, including wages, working conditions, and other employment-related matters. The FWC was tasked with determining whether the agreement met the requirements for approval and if it was in the best interest of the employees.

The legal issues before the FWC involved assessing whether the proposed agreement complied with the provisions of the Fair Work Act, including the 'better off overall test' which requires that employees be no worse off financially and at least as well off in other respects. The FWC also needed to consider whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. Furthermore, the FWC examined if the agreement adequately protected the rights and interests of employees and whether it adhered to the principles of industrial relations law.

The FWC found that the proposed agreement met the statutory requirements and was fair and reasonable. The agreement provided for appropriate wage increases, improved working conditions, and other benefits that met the better off overall test. The FWC concluded that the agreement was made in good faith and was in the best interests of the employees. The FWC approved the agreement, noting that it balanced the interests of both employers and employees while promoting harmonious industrial relations. The FWC's decision was based on a thorough analysis of the agreement's provisions and the evidence presented by both parties during the hearing.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established