DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1852)

3W ASSETS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 MAY 2018

Application for approval of the 3W Assets Pty Ltd 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 3W Assets Pty Ltd 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 23 May 2018 and, in accordance with s.54, will operate from 30 May 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 for the approval of the Enterprise Agreement between 3W Assets Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The Commission was tasked with determining whether the agreement met the requirements for registration under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was made in good faith, whether it contained only matters that are directly related to the employment relationship, and whether it complied with the "better off overall test" (BOOT). The Commission also needed to consider whether the agreement met the requirements of being in writing and whether the necessary procedural requirements were satisfied.

The Commission found that the agreement was made in good faith, as evidenced by the negotiations between the parties and the fact that the agreement was a result of a genuine bargaining process. It also found that the agreement contained only matters directly related to the employment relationship and that it complied with the BOOT, as it provided employees with a mix of wages, conditions, and other benefits that were at least as good as, or better than, their previous entitlements. The Commission further found that the agreement was in writing and that all necessary procedural requirements were satisfied. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Enterprise Agreement between 3W Assets Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018, finding that it met all the necessary requirements for registration under the Fair Work Act 2009.

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