DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4623)

RAINBOW ELEVATORS PTY LTD T/AS ELEVATOR PLACEMENT SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 DECEMBER 2019

Application for approval of the RAINBOW ELEVATORS PTY LTD T/As ELEVATOR PLACEMENT SERVICES 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 RAINBOW ELEVATORS PTY LTD T/As ELEVATOR PLACEMENT SERVICES 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 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 18 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the RAINBOW ELEVATORS PTY LTD t/as ELEVATOR PLACEMENT SERVICES and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The primary dispute involved the terms and conditions of employment as set out in the proposed enterprise agreement, with specific attention to issues such as wages, working hours, leave entitlements, and other employment-related matters. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of its fairness and compliance with the "better off overall test."

The central legal issues that the Commission had to address included whether the proposed agreement was a "single, clear and concise" document as required by the legislation, whether it contained all necessary terms and conditions of employment, and whether the agreement was fair and reasonable in all its aspects. The Commission also needed to assess if the agreement met the "better off overall test," which means that the employees would be better off with the proposed agreement compared to their current conditions.

The Commission considered the evidence and submissions from both parties. It examined the proposed agreement's compliance with statutory requirements and evaluated its provisions against the benchmarks set by the Fair Work Act. After careful deliberation, the Commission found that the proposed agreement met all statutory requirements and was fair and reasonable. It satisfied the "better off overall test" and was deemed to be a clear and concise document. The Commission approved the agreement, thereby resolving the dispute in favour of the applicant.

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