DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3489)

EMPIRE CONSTRUCTIONS VICTORIA PTY LTD T/AS EMPIRE CONSTRUCTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	DARWIN, 8 AUGUST 2018

Application for approval of the EMPIRE CONSTRUCTIONS VICTORIA PTY LTD T/As EMPIRE CONSTRUCTIONS 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 EMPIRE CONSTRUCTIONS VICTORIA PTY LTD T/As EMPIRE CONSTRUCTIONS 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 15 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Empire Constructions Victoria Pty Ltd sought approval of an enterprise agreement. The CFMEU, representing employees within the construction industry, negotiated the agreement with Empire Constructions. The primary dispute centred on the terms and conditions of employment as outlined in the agreement, specifically concerning wages, hours of work, and other employment-related matters. The Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and if it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission included whether the agreement met the statutory criteria under the Fair Work Act 2009, including the "better off overall test" and the "no unprotected labour" requirement. The Commission also needed to consider whether the agreement provided for procedural fairness and if it contained provisions that were necessary to prevent employers and employees from undermining the agreement. Additionally, the Commission had to ensure that the agreement did not contain terms that would have an adverse effect on employees' health and safety.

After examining the submissions from both parties and reviewing the contents of the proposed agreement, the Commission found that the agreement was fair and reasonable. The agreement met the statutory criteria, including the better off overall test, and provided for procedural fairness. The Commission noted that the agreement contained necessary provisions to prevent undermining and did not contain terms that would adversely affect employees' health and safety. Consequently, the Commission approved the enterprise agreement, ensuring that it complied with all legislative requirements and provided for fair and reasonable terms and conditions of employment.

The final orders of the Commission included the approval of the Enterprise Agreement 2016-2018 between Empire Constructions Victoria Pty Ltd and the CFMEU, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the specified period. The Commission also noted that any disputes arising under the agreement would be subject to the procedures outlined within the agreement and the Fair Work Act.

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