DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4794)

THE TRUSTEE FOR SITE PACIFIC UNIT TRUST T-AS SITE PACIFIC GROUP / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 OCTOBER 2018

Application for approval of The Trustee for Site Pacific Unit Trust t-as Site Pacific Group / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Trustee for Site Pacific Unit Trust t-as Site Pacific Group / 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 23 October 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

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the trustee for Site Pacific Unit Trust, trading as Site Pacific Group, concerning the approval of the CFMEU Collective Agreement 2018. The dispute centred around the proposed terms and conditions of employment outlined in the collective agreement, and whether they complied with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary standards for approval and registration under the Act.

The primary legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, specifically sections relating to the approval and registration of enterprise agreements. The Commission was required to assess whether the proposed agreement satisfied the "better off overall test" and whether it included provisions that were contrary to public policy or contrary to the overarching principles of the Act. Additionally, the Commission considered whether the agreement had been made in good faith and if it contained appropriate dispute resolution mechanisms.

In reaching its decision, the Commission emphasised the importance of the "better off overall test" as a fundamental criterion for approving an enterprise agreement. The Commission examined whether the proposed agreement provided employees with benefits that were, on balance, no less favourable than their previous conditions of employment or the applicable awards. The Commission also scrutinised the agreement's provisions to ensure they did not contravene public policy or the overarching principles of the Act. Ultimately, the Commission determined that the CFMEU Collective Agreement 2018 met the necessary requirements for approval and registration under the Fair Work Act 2009.

The Fair Work Commission approved the CFMEU Collective Agreement 2018, registering it as a valid and enforceable enterprise agreement. The Commission found that the proposed agreement satisfied the better off overall test and did not contain any provisions that were contrary to public policy or the principles of the Act. The Commission also determined that the agreement had been made in good faith and included appropriate dispute resolution mechanisms. The registration of the agreement ensures that the terms and conditions outlined within it are legally binding on both the employer and the employees covered by the agreement.

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