Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 5801

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/4694)

CW SEALANTS TRUST (THE TRUSTEE FOR) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Wilson	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the CW SEALANTS TRUST (THE TRUSTEE FOR) 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 CW SEALANTS TRUST (THE TRUSTEE FOR) 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 21 September 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the CW SEALANTS TRUST (THE TRUSTEE FOR) sought approval of the Enterprise Agreement 2016-2018 from the Fair Work Commission (FWC). The dispute was heard by the FWC and involved the consideration of whether the agreement met the criteria for approval under the Fair Work Act 2009. The CFMEU and the CW SEALANTS TRUST argued that the agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions.

The legal issues the court needed to decide included whether the agreement provided for the fair and reasonable terms and conditions of employment, and whether it was in the best interests of the employees. The court also needed to consider whether the agreement met the "better off overall test" under the Fair Work Act, which required that the agreement be better for the employees than the applicable award or registered agreement.

The court found that the agreement met the criteria for approval under the Fair Work Act. The court held that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The court also found that the agreement met the "better off overall test" and was better for the employees than the applicable award or registered agreement. The court approved the Enterprise Agreement 2016-2018 and made an order for its registration.

The court's approval of the Enterprise Agreement 2016-2018 provides certainty and stability for the employees and employers covered by the agreement. It ensures that the agreement provides for fair and reasonable terms and conditions of employment and is in the best interests of the employees. The court's decision also reinforces the importance of the "better off overall test" in ensuring that enterprise agreements provide a genuine benefit to employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established