DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5127)

BALUSTRUCT UNIT TRUST (THE TRUSTEE FOR) T/AS BALUSTRUCT SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 AUGUST 2016

Application for approval of the Balustruct Unit Trust (the Trustee for) T/As Balustruct Services 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 Balustruct Unit Trust (the Trustee for) T/As Balustruct Services 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 1 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

In the matter of Balustruct Unit Trust (the Trustee for) T/As Balustruct Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), the Federal Court of Australia was presented with an application for the approval of an enterprise agreement. The Balustruct Unit Trust, through its trustee, sought formal endorsement of the terms and conditions outlined in the 2016-2018 Enterprise Agreement with the CFMEU. The primary issue before the court was whether the agreement complied with the statutory requirements under the Fair Work Act 2009, particularly in relation to the provisions concerning minimum rates of pay and redundancy entitlements. The court needed to determine if the agreement met the criteria for being a "better off overall test" (BOOT) and whether the provisions were fair and reasonable.

The court examined the agreement's compliance with the statutory minimum standards and scrutinised whether the agreement's provisions provided employees with at least the minimum entitlements required by law. The court also considered the union's representation of its members and the fairness of the agreement's terms. In its reasoning, the court found that the agreement met the statutory minimum standards and provided for a BOOT. The provisions regarding minimum rates of pay and redundancy entitlements were deemed fair and reasonable, and the union's representation of its members was considered adequate. Consequently, the court approved the enterprise agreement, finding it compliant with the Fair Work Act 2009.

The court's decision was based on a thorough analysis of the agreement's provisions and their alignment with statutory requirements. It was determined that the agreement met the necessary criteria for approval, including providing at least the minimum entitlements and passing the BOOT. The union's representation of its members was found to be sufficient, and the agreement was approved as it stood. The court's final orders were that the 2016-2018 Enterprise Agreement between Balustruct Unit Trust and the CFMEU be approved and registered under the Fair Work Act 2009, effective from the date of the court's decision.

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