DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/613)

AUSFORM CIVIL 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 Ausform Civil 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 Ausform Civil 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Enterprise Agreement between Ausform Civil Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The application was brought before the Fair Work Commission, and subsequently, the decision was subject to review by the Federal Court of Australia. The primary dispute centred on whether the Enterprise Agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues before the court involved determining if the Enterprise Agreement was in compliance with the relevant sections of the Fair Work Act. Specifically, the court had to assess whether the agreement was made in good faith, whether it facilitated the efficient operation of the enterprise, and if it provided for the timely resolution of workplace disputes. Furthermore, the court examined whether the agreement met the requirements of the "better off overall test," which ensures that employees are not worse off by being subject to the agreement than they would be under the applicable award or safety net.

The court reviewed the submissions from both parties, including evidence and expert testimonies, and considered the terms and conditions of the Enterprise Agreement. The court found that the agreement was made in good faith and facilitated the efficient operation of the enterprise. It was also determined that the agreement provided for the timely resolution of workplace disputes. The court concluded that the agreement met the better off overall test, as employees were not worse off under the agreement than they would be under the applicable award or safety net. Based on these findings, the court approved the Enterprise Agreement.

Consequently, the court issued a decision approving the Ausform Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was found to be in compliance with the Fair Work Act, and the court granted its approval.

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