DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5554)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 SEPTEMBER 2016

Application for approval of the GOL Construction and Investment 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 GOL Construction and Investment 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, 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, 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 21 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) and GOL Construction and Investment Pty Ltd for the approval of their enterprise agreement for the period 2016-2018. The application was brought before the Fair Work Commission (FWC). The central issue before the FWC was whether the proposed enterprise agreement met the "better off overall test" (BOOT) under the Fair Work Act 2009. The BOOT requires that employees be no worse off financially and at least one employee must be better off financially as a result of the agreement. The FWC had to determine if the proposed agreement satisfied these criteria, considering various factors such as wage increases, penalty rates, and other employment conditions.

The FWC carefully examined the terms of the proposed agreement and the evidence presented by both parties. The union argued that the agreement provided fair compensation and improved working conditions for employees, while the employer contended that the proposed changes were necessary to remain competitive in the industry. The FWC found that the proposed agreement met the BOOT, as it provided for wage increases, maintained reasonable penalty rates, and included provisions that improved employee conditions. The FWC also considered the broader economic context and the need for fair and sustainable industrial relations in the construction industry.

As a result, the FWC approved the enterprise agreement, confirming that it met the statutory requirements under the Fair Work Act. The FWC's decision was based on a comprehensive analysis of the financial implications of the agreement and its alignment with the objectives of the Act. The final orders confirmed the approval of the enterprise agreement, which would now govern the employment conditions of the relevant employees for the specified period.

Construction, Forestry, 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