DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5409)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 SEPTEMBER 2016

Application for approval of the Q Fabrications 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 Q Fabrications 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 13 September 2016. 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 applicant, Q Fabrications Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The Fair Work Commission was asked to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement adequately protected employees' conditions, particularly in relation to wages and working conditions, and whether it complied with the statutory requirements for enterprise agreements.

The primary legal issues before the Commission were whether the agreement was a "better off overall test" (BOOT) compliant enterprise agreement, and whether it complied with the various statutory requirements outlined in the Fair Work Act. This included ensuring that the agreement did not disadvantage employees in terms of pay and conditions compared to the applicable award or other relevant agreements. Additionally, the Commission had to assess whether the agreement had been genuinely negotiated between the parties and whether it was free from any unlawful provisions.

The Commission found that the enterprise agreement was compliant with the statutory requirements. It determined that the agreement was genuinely negotiated and met the BOOT, as employees would be better off overall under the terms of the agreement compared to the applicable award. The Commission also found that the agreement contained lawful provisions and did not disadvantage employees. Therefore, the Commission approved the enterprise agreement, allowing it to be registered and enforceable.

The Fair Work Commission approved the application for the registration of the enterprise agreement. The agreement was registered under the Fair Work Act 2009, effective from the date of the Commission's decision, binding both Q Fabrications Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) to the terms and conditions outlined in the agreement.

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