DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5280)

ALLSAFE COATINGS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 AUGUST 2016

Application for Approval of the Allsafe Coatings Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Allsafe Coatings 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 7 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 matter before the Fair Work Commission was an application for approval of the Allsafe Coatings Pty Ltd and Construction, Forestry, Mining and Energy Union (CFMEU) Enterprise Agreement 2016. The application was brought by the CFMEU, which sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around the validity of certain clauses within the agreement, particularly those relating to the classification and conditions of employment for workers within the industry.

The central legal issues before the Commission involved the interpretation and compliance of the agreement with the relevant provisions of the Fair Work Act. The CFMEU argued that the agreement was fair and balanced, and in compliance with the Act, while the employer contended that certain clauses were unfair and did not meet the statutory requirements for employee protections. The key point of contention was the classification of workers and the associated conditions, including provisions on overtime, penalties, and shift patterns.

In delivering its decision, the Commission considered the overall fairness of the agreement, including its compliance with the "better off overall test" as outlined in the Fair Work Act. The Commission found that the agreement, while containing some clauses that were potentially problematic, did not unfairly disadvantage employees and was, in fact, better off overall for the workforce. The Commission highlighted the importance of the agreement in providing a framework for fair and reasonable employment conditions within the industry, and concluded that the benefits to employees outweighed any potential disadvantages. The Commission approved the agreement, subject to certain modifications to address specific concerns regarding the classification and conditions of employment.

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