DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1614)

BLOC (ACT) PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER CIRKOVIC	MELBOURNE, 21 MAY 2018

Application for approval of the Bloc (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bloc (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2016 (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 21 May 2018 and, in accordance with s.54, will operate from 28 May 2018. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, led by Commissioner McCabe, was tasked with approving the Bloc (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2016. The dispute arose when the employer contested the union's request for approval of the agreement, which had been negotiated and agreed upon by the parties. The union sought the approval to ensure that the terms of the agreement would be legally binding and enforceable.

The central legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement contained the required minimum terms, did not mandate or prohibit membership in a particular union, and complied with the "better off overall test" to ensure that it provided employees with no less favourable terms and conditions than the applicable awards or other relevant agreements.

The Commission found that the agreement did meet the legislative requirements for approval. It contained the necessary minimum terms, allowed for freedom of association, and passed the better off overall test. The Commission concluded that the agreement provided employees with a fair and reasonable set of terms and conditions, and thus approved the enterprise agreement. The decision was made in the interest of maintaining good industrial relations and ensuring that the agreement would operate effectively within the legal framework.

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