DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/561)

TOORAK FORMWORK VICTORIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 MARCH 2020

Application for approval of the TOORAK FORMWORK VICTORIA PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the TOORAK FORMWORK VICTORIA PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (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 25 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of an enterprise agreement between Toorak Formwork Victoria Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and could be approved by the Commission. Specifically, the Commission needed to determine if the agreement met the criteria for being a "better off overall test" (BOOT) agreement, which means that the agreement must provide overall benefits to the employees that are at least equal to the benefits they would have received under the applicable award or safety net.

The Commission examined the provisions of the agreement to assess whether they met the BOOT requirements. The agreement included various terms and conditions relating to wages, hours of work, leave entitlements, and other employment conditions. The Commission considered whether the proposed changes in the agreement provided employees with benefits that were at least as good as, or better than, the terms and conditions they would have received under the applicable award or safety net. The Commission also evaluated the agreement's compliance with other legislative provisions, such as the requirement for the agreement to be in writing, to be certified by an independent certifier, and to be made in good faith and without coercion.

After considering the evidence and arguments presented by both parties, the Commission determined that the enterprise agreement met the BOOT requirements and complied with the relevant legislative provisions. The Commission found that the agreement provided employees with benefits that were at least as good as, or better than, the terms and conditions they would have received under the applicable award or safety net. The Commission also found that the agreement was in writing, had been certified by an independent certifier, and had been made in good faith and without coercion. As a result, the Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the enterprise agreement between Toorak Formwork Victoria Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2019-2020. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The Commission's decision provided certainty and stability for both the employer and the employees, as well as ensuring compliance with the relevant legislative provisions.

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