DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3541)

MATANIEL LAURATE PTY LTD T/A CAREY CIVIL CONTRACTORS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 14 AUGUST 2018

Application for approval of the MATANIEL LAURATE PTY LTD T/A CAREY CIVIL CONTRACTORS 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 MATANIEL LAURATE PTY LTD T/A CAREY CIVIL CONTRACTORS 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 21 August 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 case involved an application for the approval of the MATANIEL LAURATE PTY LTD T/A CAREY CIVIL CONTRACTORS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission, the primary Australian workplace relations tribunal, tasked with approving and overseeing the implementation of enterprise agreements.

The legal issues before the commission were primarily focused on the compliance of the enterprise agreement with the relevant provisions of the Fair Work Act 2009. Specifically, the commission needed to ensure that the agreement met the 'better off overall test', which requires that employees be no worse off financially and have at least one additional benefit compared to the applicable award or other agreements. Additionally, the commission needed to confirm that the agreement did not contain any terms that were inconsistent with the Fair Work Act, such as provisions that might unfairly discriminate against certain employees.

In rendering its decision, the Fair Work Commission examined the contents of the enterprise agreement in detail. It noted that the agreement provided for a range of benefits, including pay increases and additional leave entitlements, which it found met the 'better off overall test'. The commission also assessed the fairness of the agreement's terms and found no provisions that were inconsistent with the Fair Work Act, including those related to discrimination and termination. Based on this assessment, the commission approved the enterprise agreement, finding it to be compliant with all relevant legal requirements.

The final orders of the commission were that the MATANIEL LAURATE PTY LTD T/A CAREY CIVIL CONTRACTORS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered. This decision allows the agreement to be implemented and enforced, providing a framework for the terms and conditions of employment for the parties involved.

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