DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5111)

JZ LEE INTERIORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of the JZ Lee Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the JZ Lee Interiors Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering 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 7 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 (CFME) and JZ Lee Interiors Pty Ltd sought approval of a new enterprise agreement under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission (FWC) which has jurisdiction under section 232 of the Act. The central issue before the FWC was whether the proposed enterprise agreement met the 'better off overall test' (BOOT) as required by section 230 of the Act. This test requires that employees are not worse off financially and are at least as well off financially as they would be under their previous agreement or the relevant award. Additionally, the FWC needed to consider whether the proposed agreement complied with the good faith bargaining requirements under section 228 of the Act.

The FWC examined the submissions and evidence provided by both parties. It considered the financial implications of the proposed agreement, including wage rates, conditions, and other benefits. The FWC found that the proposed agreement provided for a wage increase, which, when combined with other improvements such as better leave provisions and additional training opportunities, met the BOOT. The FWC was satisfied that the agreement was the product of genuine and good faith bargaining. The FWC approved the proposed enterprise agreement, finding it met the statutory requirements.

The FWC's decision was grounded in the specific terms of the proposed agreement and the evidence presented regarding its financial and non-financial impacts on employees. The FWC concluded that the agreement would not leave employees worse off and provided sufficient benefits to meet the statutory requirements. The approval was based on a comprehensive assessment of all relevant factors, including the overall financial package and the process of bargaining. The FWC's approval of the agreement was a determination that it complied with the statutory criteria 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