DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5059)

MONOSPRAY AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 18 AUGUST 2016

Application for approval of the Monospray Australia 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 Monospray Australia 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 18 August 2016 and, in accordance with s.54, will operate from 25 August 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 applicants, Monospray Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval of an enterprise agreement under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, the tribunal established under the Act to oversee the approval and enforcement of such agreements. The applicants argued that the proposed enterprise agreement met all legal requirements and should be approved to govern employment terms and conditions for the specified period.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it met the standards for "better off overall" and "no disadvantage" tests. The Commission examined the process of negotiation to ensure it was free from any undue influence or coercion. It also assessed if the proposed terms and conditions of employment were at least as favourable as the applicable award or other relevant agreements, and whether the agreement would not disadvantage employees in comparison to those not covered by the agreement.

After reviewing the evidence and submissions, the Commission found that the agreement had been genuinely negotiated and met all legal requirements. The terms and conditions proposed were at least as favourable as those provided by the applicable award or other relevant agreements, and there was no evidence of any disadvantage to employees. Consequently, the Commission approved the enterprise agreement, determining that it complied with all statutory obligations and provided a fair and reasonable framework for the employment relationship during the specified period.

The Commission's final orders included the approval of the Monospray Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision and until the end of the specified period. This approval ensured that the agreement would govern the employment terms and conditions for the parties involved, subject to the provisions and protections set out in 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