DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6023)

VELBOR PTY LIMITED T-AS ASSET CRANES & RIGGING / CFMEU COLLECTIVE AGREEMENT 2018

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

Application for approval of the Velbor Pty Limited t-as Asset Cranes & Rigging / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Velbor Pty Limited t-as Asset Cranes & Rigging / CFMEU Collective Agreement 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 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement with Velbor Pty Limited trading as Asset Cranes & Rigging. The CFMEU and the employer had entered into a collective agreement, and sought the Commission's approval under section 234 of the Fair Work Act 2009. The employer was a small business, with fewer than 15 employees, and the CFMEU was the sole certified bargaining agent for the employer’s employees. The CFMEU submitted that the agreement was appropriate for small business and contained terms and conditions that were no less favourable than the relevant award or the National Employment Standards.

The legal issue before the Commission was whether the collective agreement was appropriate for a small business. The Commission noted that the Fair Work Act requires that the terms and conditions of an approved agreement for a small business must be no less favourable than the relevant award or the National Employment Standards. The Commission considered whether the agreement contained terms and conditions that were no less favourable than the relevant award or the National Employment Standards.

The Commission found that the agreement contained terms and conditions that were no less favourable than the relevant award or the National Employment Standards. The Commission noted that the agreement provided for a lower rate of pay for some employees, but this was permissible under the Fair Work Act as the agreement contained a mechanism for employees to receive the higher rate of pay in the relevant award. The Commission also found that the agreement contained terms and conditions that were appropriate for a small business, such as flexibility in relation to hours of work and leave. The Commission approved the agreement, noting that it was in the best interests of the employees and the employer.

The Commission approved the collective agreement, noting that it was appropriate for a small business and contained terms and conditions that were no less favourable than the relevant award or the National Employment Standards. The Commission made an order approving the agreement, which is now legally binding on the employer and the employees. The parties are bound by the terms of the agreement, and any disputes relating to the agreement must be resolved in accordance with its provisions.

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