DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1915)

SDN PRECAST PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 JUNE 2019

Application for approval of the SDN Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the SDN Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016 - 2018 (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 25 June 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and SDN Precast Pty Ltd. The dispute centred around the approval of the Precast Panel Enterprise Agreement for the years 2016 to 2018. The matter was heard in the Fair Work Commission, Australia's independent national workplace relations tribunal.

The central legal issues revolved around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included examining whether the agreement had been made in the "best interests" of the employees covered by it, and whether it complied with the "better off overall test" (BOOT). The court needed to determine if the agreement provided better overall terms and conditions than the applicable award or safety net award, and whether it was made without the influence of coercive or improper conduct.

The Fair Work Commission evaluated the agreement based on the statutory criteria. The Commission found that the agreement was made without any coercive or improper conduct and that it contained terms and conditions that were at least as good as, and in some cases better than, the terms and conditions provided by the applicable award. The Commission concluded that the agreement was in the best interests of the employees and satisfied the BOOT. Therefore, the Commission approved the agreement.

As a result of the decision, the Precast Panel Enterprise Agreement 2016-2018 between SDN Precast Pty Ltd and the CFMEU was approved and registered. The terms of the agreement would now apply to the employees covered by it, providing them with the agreed-upon terms and conditions for the specified period.

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