DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5330)

COVENEY INTERLAY PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 SPETEMBER 2016

Application for approval of the Coveney Interlay Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Coveney Interlay Pty Ltd and CFMEU Enterprise Agreement 2016 (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 8 September 2016. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Coveney Interlay Pty Ltd and CFMEU Enterprise Agreement 2016. The dispute centred on the procedural fairness and the appropriate legal framework for the approval of the enterprise agreement under the Fair Work Act 2009. The matter was heard by the Fair Work Commission.

The legal issues that the court had to address were primarily concerned with the application of the relevant provisions of the Fair Work Act, specifically whether the application for approval of the enterprise agreement was lodged in accordance with the prescribed procedural requirements, and whether the agreement itself met the standards set by the Act, including its compliance with the "better off overall test" and "no disadvantage test." Additionally, the court examined whether there was any procedural unfairness in the manner in which the application was handled.

In delivering its decision, the Fair Work Commission considered the procedural steps taken by the parties and the content of the enterprise agreement. It was determined that the application was appropriately lodged, and the agreement satisfied the statutory requirements under the Fair Work Act. The Commission found that the agreement was fair and met the "better off overall test" as well as the "no disadvantage test," ensuring that it did not place employees in a worse position than they would be in under the applicable awards or other industrial instruments. The court also confirmed that the process followed was procedurally fair, and no party was disadvantaged in the presentation or consideration of the application.

As a result, the Fair Work Commission approved the Coveney Interlay Pty Ltd and CFMEU Enterprise Agreement 2016, allowing it to come into effect as intended. The decision reinforced the importance of adhering to the prescribed procedures for the approval of enterprise agreements and underscored the need for compliance with the statutory tests for fairness under the Fair Work Act.

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