Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 6478

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/5614)

ALL ABOUT CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 19 OCTOBER 2018

Application for approval of the ALL ABOUT CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

An application has been made for approval of an enterprise agreement known as the ALL ABOUT 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 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 matter before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between ALL ABOUT CIVIL PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The agreement was submitted for consideration following negotiations between the parties, with a view to having it registered as a registered agreement under the Fair Work Act 2009. The primary dispute centred around whether the agreement met the statutory requirements for approval under the Act, including provisions related to the protection of employee interests and compliance with the ‘better off overall test’.

The central legal issues before the Commission were whether the agreement provided fair and reasonable terms for the employees, and whether it satisfied the requirements of the ‘better off overall test’. This test mandates that the agreement must ensure that no employee is worse off, and at least one employee is better off overall when compared to the applicable award or agreement. Additionally, the Commission had to consider whether the agreement complied with all relevant provisions of the Fair Work Act, including those relating to procedural fairness and the protection of employees’ rights.

In evaluating the agreement, the Commission undertook a detailed analysis of the terms and conditions outlined within the agreement, assessing their impact on the employees. The Commission examined the provisions concerning wages, hours of work, leave entitlements, and other employment terms. It considered the submissions from both parties and the implications of the proposed changes on the employees. After careful deliberation, the Commission determined that the agreement did indeed meet the statutory requirements for approval. It concluded that the agreement provided fair and reasonable terms for the employees, and it satisfied the ‘better off overall test’. The Commission also found that the agreement complied with all relevant provisions of the Fair Work Act, including those relating to procedural fairness and the protection of employees’ rights.

Accordingly, the Fair Work Commission approved the Enterprise Agreement between ALL ABOUT CIVIL PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The agreement was registered, and it became a binding contract between the parties, governing the terms and conditions of employment for the duration specified.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established