DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/832)

ALUVATE FACADES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 APRIL 2018

Application for approval of the Aluvate Facades 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 Aluvate Facades 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 10 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 case involves an application for the approval of an enterprise agreement between Aluvate Facades Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission (FWC), with the parties seeking approval under the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the necessary criteria for approval, including ensuring fairness, efficiency and flexibility in employment terms and conditions.

The central legal issue was whether the proposed agreement provided for the proper bargaining of terms and conditions and met the "better off overall test" (BOOT). This test requires that employees are not worse off financially compared to their previous terms, and it includes consideration of both direct and indirect benefits. The court needed to examine if the agreement provided for a fair and reasonable set of terms and conditions, and whether it complied with the relevant provisions of the Fair Work Act.

The FWC considered various aspects of the agreement, including wages, working hours, and other employment conditions. The commission determined that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the BOOT. The FWC found that the agreement was in the best interest of the employees, as it provided for fair wages and improved working conditions. The commission approved the enterprise agreement, stating that it met the necessary criteria for approval under the Fair Work Act.

In summary, the FWC approved the proposed enterprise agreement between Aluvate Facades Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period of 2016 to 2018. The court found that the agreement provided for fair and reasonable terms and conditions of employment and met the BOOT. The FWC's decision was based on the evidence presented by the parties and the analysis of the agreement's provisions under 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