DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1319)

ALTITUDE CO. PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 MAY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Altitude Co. Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 9 May 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case of the application for approval of the Altitude Co. Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018, the applicants, Altitude Co. Pty Ltd and the CFMEU, sought the Fair Work Commission’s approval of the proposed enterprise agreement. The dispute centred on the terms and conditions of employment, benefits, and protections outlined in the agreement, which the parties aimed to have recognised and enforced under the Fair Work Act 2009. The Commission, in its role under the Act, had to assess whether the agreement met the statutory requirements for approval, including compliance with the "better off overall test" and ensuring that it did not undermine the protections provided by the National Employment Standards and other safety nets.

The legal issues before the Commission were whether the proposed agreement was a "direct substitution" of some or all of the terms and conditions of the applicable awards, and if so, whether it provided employees with a safety net at least equal to the National Employment Standards and other safety nets. The Commission also had to consider whether the agreement was made in good faith and if it included appropriate dispute resolution mechanisms. These issues required a careful examination of the contents of the agreement, the bargaining process, and the impact of the agreement on the employees' terms and conditions of employment.

In examining these issues, the Commission determined that the proposed agreement was a direct substitution of some of the terms and conditions of the relevant awards, and that it provided employees with a safety net at least equal to the National Employment Standards and other safety nets. The Commission found that the agreement had been made in good faith and included adequate dispute resolution mechanisms. The Commission concluded that the agreement satisfied the statutory requirements for approval and, accordingly, approved the enterprise agreement. The applicants were thus successful in their application for the agreement to be recognised and enforceable under the Fair Work Act.

The Commission's final order was that the Altitude Co. Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 be approved and registered, effective from the date of the Commission's decision. This meant that the terms and conditions outlined in the agreement would govern the employment relationship between the parties and their employees for the duration of the agreement. The decision provided clarity and certainty for both the applicants and the employees, ensuring that the agreement would be enforceable and providing a framework for the resolution of any future disputes under the terms of the 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