DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4980)

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

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 15 AUGUST 2016

Application for approval of the Carey Bros Construction 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 Carey Bros Construction 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 15 August 2016 and, in accordance with s.54, will operate from 22 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for the Carey Bros Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose between the union, representing employees, and the employer, focusing on the terms and conditions of employment as stipulated in the proposed enterprise agreement. The central legal issues involved whether the agreement complied with the relevant statutory requirements, particularly under the Fair Work Act 2009, and whether it met the standards for 'better off overall' and 'no detriment' for the employees. The court had to determine if the agreement was fairly negotiated, met the procedural requirements, and did not adversely affect the employees' existing terms and conditions.

The Fair Work Commission examined the negotiation process, the terms of the agreement, and the impact on the employees. It considered whether the agreement was genuinely negotiated and if the employees had adequate opportunity to be involved in the process. The court assessed whether the agreement provided employees with terms and conditions that were at least as good as their existing entitlements, and if it did not result in any detriment to the employees. The Commission also reviewed the provisions to ensure they were in line with the statutory framework and did not contravene any relevant laws or standards.

After thorough consideration, the Commission concluded that the proposed enterprise agreement met the necessary criteria for approval. The agreement was found to have been fairly negotiated and did not result in any adverse effects on the employees. The Commission determined that the terms and conditions of the agreement were at least as good as the existing entitlements, thereby fulfilling the 'better off overall' test. Consequently, the agreement was approved, and the Fair Work Commission issued its decision in favour of the union and the employer. The approval of the enterprise agreement was formalised with specific orders that recognised its validity and binding nature under the Fair Work Act 2009.

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