DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5995)

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

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 13 NOVEMBER 2018

Application for approval of the MERIC INSTALLS 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 MERIC INSTALLS 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 20 November 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the MERIC INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The company, MERIC INSTALLS PTY LTD, opposed the application. The dispute was heard by the Fair Work Commission, with Commissioner McCabe presiding. The primary legal issue was whether the enterprise agreement should be approved under section 231 of the Fair Work Act 2009, given that it had been fairly negotiated and met the "better off overall test".

The Fair Work Commission examined whether the agreement was made in good faith and whether it was negotiated fairly. The commission also assessed whether the agreement provided employees with a "better off overall" outcome compared to the applicable award or registered agreement. The CFMEU argued that the agreement was fairly negotiated and provided employees with improved terms and conditions. The company contended that the agreement did not meet the "better off overall test" and that it contained provisions that were overly generous and not in line with industry standards.

The Fair Work Commission found that the agreement had been fairly negotiated and met the "better off overall test". The commission considered the overall benefit to employees, including improved wages, leave provisions, and other conditions. The agreement was found to provide employees with a fair and reasonable outcome, and the commission approved the enterprise agreement. The decision highlighted the importance of ensuring that enterprise agreements are negotiated in good faith and provide employees with a better overall outcome.

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