DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2490)

REMEDIAL CONTRACTORS AUSTRALIA PTY LTD T/AS REMCON CONSTRUCTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2018

Application for approval of the REMEDIAL CONTRACTORS AUSTRALIA PTY LTD T/As REMCON 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 REMEDIAL CONTRACTORS AUSTRALIA PTY LTD T/As REMCON 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 6 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Remedial Contractors Australia Pty Ltd trading as Remcon Constructions, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for approval of their Enterprise Agreement 2016-2018. The application was brought under the Fair Work Act 2009, specifically section 232, which mandates that an enterprise agreement be approved if it meets certain criteria, including that it provides for the "provision of terms and conditions that are no less favourable than the applicable safety net award." The legal issues that the Commission was required to decide were whether the proposed agreement met the statutory requirements for approval and whether it complied with the "better off overall test" which ensures that the employees are not worse off under the agreement than they would be under the applicable award.

The Commission began its analysis by examining the terms of the agreement against the Fair Work Act and the applicable award, the Building and Construction General On-site Award 2010. It considered the provisions on wages, hours of work, penalty rates, and other employment conditions. The Commission found that the agreement provided for terms and conditions that were no less favourable than the award and that it met the "better off overall test." It highlighted the increased flexibility provisions for employees, which were deemed to be a significant benefit in the context of the industry. After careful consideration, the Commission concluded that the agreement satisfied all the legislative requirements and approved the Enterprise Agreement 2016-2018.

The final orders of the Commission were that the Enterprise Agreement 2016-2018 between Remedial Contractors Australia Pty Ltd trading as Remcon Constructions and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) be approved under section 232 of the Fair Work Act 2009. The approval was effective from the date of the Commission's decision, ensuring that the agreement would govern the employment conditions of the employees covered by the agreement from that date forward.

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