DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/700)

AC CONSTRUCTION GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2018

Application for approval of the AC Construction Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the AC Construction Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel 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 5 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 court involved an application for the approval of the AC Construction Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018. The application was heard by the Fair Work Commission, a federal workplace relations tribunal with the authority to approve, reject, or vary enterprise agreements. The applicant sought to have the agreement, which regulated employment terms and conditions between the employer and union, formally approved under the Fair Work Act 2009.

The legal issues central to the court's consideration involved whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the court had to determine whether the agreement was made in accordance with the relevant provisions of the Act, including whether proper consultation had occurred and if the agreement had been fairly negotiated. Substantively, the court needed to assess whether the terms and conditions of the agreement met the 'better off overall test', ensuring that employees were not worse off financially and had adequate protections and benefits.

In examining these issues, the court found that the agreement had been procedurally sound, with evidence of adequate consultation and negotiation processes. It was determined that the agreement satisfied the better off overall test, as it provided employees with improved conditions, benefits, and protections compared to the applicable award or other agreements. The court also considered the implications of the agreement on broader industrial relations principles, ensuring that it did not undermine the general law or create unfair distinctions among employees. Based on these findings, the court approved the agreement, recognising its alignment with the objectives of the Fair Work Act to foster fair and productive workplace relations.

The final orders of the court included the approval of the AC Construction Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018. This approval meant that the agreement would be formally recognised and enforceable, providing a framework for employment terms and conditions between the employer and union for the duration of the agreement. The decision underscored the importance of fair negotiation and consultation in the creation of enterprise agreements, as well as the need for such agreements to enhance the overall welfare of employees.

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