DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4721)

OCC SERVICES PTY LTD T/AS OCC BUILDING SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) LABOUR HIRE INDUSTRY ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 DECEMBER 2019

Application for approval of the OCC SERVICES PTY LTD T/As OCC BUILDING SERVICES and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2019-2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the OCC SERVICES PTY LTD T/As OCC BUILDING SERVICES and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2019-2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 December 2019 and, in accordance with s 54, will operate from 25 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the OCC Building Services and CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2019-2020. OCC Building Services, an employer, and the CFMEU, a union, sought approval of their enterprise agreement, which outlines the terms and conditions of employment for workers in the labour hire industry. The agreement was a result of negotiations between the two parties and aimed to regulate various aspects of employment, including wages, working hours, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the necessary legal requirements for approval and whether it provided fair and reasonable terms for the employees.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it met the criteria for being a "better off overall test" (BOOT) agreement. The Commission had to ensure that the agreement was made in good faith, was free from coercion, and provided for fair and reasonable terms for the employees. Additionally, the Commission had to assess if the agreement provided a significant benefit to the employees compared to the applicable awards and whether it was in the best interest of the employees overall.

The Commission found that the agreement met all the necessary legal requirements for approval. The agreement was made in good faith, and the parties had engaged in genuine negotiations. The Commission also found that the agreement provided fair and reasonable terms for the employees, including appropriate wages and working conditions. Furthermore, the Commission determined that the agreement provided a significant benefit to the employees when compared to the applicable awards, thus satisfying the BOOT. The Commission concluded that the agreement was in the best interest of the employees and approved the OCC Building Services and CFMEU Labour Hire Industry Enterprise Agreement 2019-2020.

As a result of the Commission's decision, the OCC Building Services and CFMEU Labour Hire Industry Enterprise Agreement 2019-2020 was approved and registered under the Fair Work Act 2009. The agreement will now govern the terms and conditions of employment for workers in the labour hire industry, providing them with fair and reasonable terms and a significant benefit compared to the applicable awards. The parties will be bound by the terms of the agreement until it expires or is replaced by a new agreement.

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