DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/612)

PROMINENT FINISHES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 MARCH 2019

Application for approval of the Prominent Finishes 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 Prominent Finishes 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 27 March 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of an Enterprise Agreement between Prominent Finishes Pty Ltd and the union. The agreement was for the period from 2016 to 2018 and covered employees in the Victorian Construction and General Division. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009, particularly regarding its compliance with the "better off overall test" and other statutory requirements.

The legal issues before the Commission were whether the agreement was a "single, clear and whole" agreement, whether it was made in good faith, and whether it met the "better off overall test" by ensuring employees were not worse off financially. The Commission also needed to assess whether the agreement complied with other statutory requirements, such as those relating to minimum wages and conditions.

The Fair Work Commission found that the agreement was a single, clear, and whole agreement and was made in good faith. It also determined that the agreement met the better off overall test by providing a mix of wage increases, penalty rates, and other benefits that improved the employees' overall financial position. The Commission was satisfied that the agreement complied with all statutory requirements and approved the Enterprise Agreement.

The Commission issued an order approving the Prominent Finishes Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement came into effect on the date of the order and was to remain in force until the end of the specified period, subject to any further orders of the Commission.

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