DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1082)

HIGGINS BUILDING SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 6 APRIL 2018

Application for approval of the Higgins Building Solutions 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 Higgins Building Solutions 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.

[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 13 April 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 approval of an Enterprise Agreement between Higgins Building Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement was subject to scrutiny under the Fair Work Act 2009 to ensure it met the requirements for better off overall and safety net test. The application was brought before the Commission to determine if the terms of the agreement were fair and reasonable for the employees covered by the agreement.

The key legal issues that the Commission had to address were whether the agreement met the statutory criteria for approval, including whether the agreement provided for employees to be better off overall and met the safety net provisions. Additionally, the Commission needed to ensure that the agreement did not undermine the rights of employees and that it was genuinely negotiated between the employer and the union. The Commission also had to consider the evidence provided by both parties and the implications of the agreement for the employees and the broader industry.

In its decision, the Commission found that the Enterprise Agreement satisfied the statutory requirements for approval. The Commission determined that the agreement provided for employees to be better off overall and met the safety net provisions of the Fair Work Act. The Commission noted that the agreement contained provisions that improved wages and conditions for employees, including provisions for overtime and penalty rates. The Commission also found that the agreement was genuinely negotiated between the employer and the union, and that it did not undermine the rights of employees. The Commission concluded that the agreement was fair and reasonable and approved it accordingly.

The Fair Work Commission approved the Enterprise Agreement between Higgins Building Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period of 2016 to 2018. The Commission found that the agreement met the statutory requirements for approval and provided for employees to be better off overall. The Commission also found that the agreement was genuinely negotiated and did not undermine the rights of employees. The Commission's approval of the agreement ensures that the employees covered by the agreement will receive improved wages and conditions, and that the agreement will provide stability and certainty in the workplace.

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