DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5385)

HIGHCON CONSTRUCTION UNIT TRUST T/AS HIGHCON CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the Highcon Construction Unit Trust T/As Highcon Constructions 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 Highcon Construction Unit Trust T/As Highcon Constructions 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 12 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Highcon Construction Unit Trust trading as Highcon Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was heard by the Fair Work Commission, led by Commissioner J.A. McCann, with the matter being heard in Melbourne. The primary dispute involved the terms of the enterprise agreement between the union and the company, specifically regarding the classification and remuneration of employees within the construction industry.

The central legal issues before the court were whether the proposed agreement was in accordance with the Fair Work Act 2009 and whether it met the criteria for being a "better off overall test" (BOOT). The court had to assess if the agreement provided a fair and reasonable set of terms and conditions for the employees, including considerations of wages, working conditions, and dispute resolution mechanisms.

The court deliberated on the fairness of the proposed terms, taking into account the evidence provided by both parties. The commission concluded that the agreement satisfied the BOOT, as it offered a balance of benefits and detriments that were deemed fair for the employees. The court found that the agreement provided adequate protections and benefits while also allowing for necessary flexibility in the construction industry. The commission approved the application, affirming that the agreement was fair and balanced, and met the legislative requirements.

The final orders of the commission were that the Highcon Construction Unit Trust t/as Highcon Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act 2009. This decision was made effective from the date of the approval, ensuring that the terms of the agreement would govern the employment conditions between the union and the company 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