DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4880)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 AUGUST 2016

Application for approval of the APICEM 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 APICEM 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 9 August 2016 and, in accordance with s.54, will operate from 16 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 case involves an application for the approval of an enterprise agreement between APICEM Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard by the Fair Work Commission, an Australian independent statutory tribunal with jurisdiction over workplace relations and employment disputes. The primary issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the "better off overall test" (BOOT), ensuring that the employees were not worse off financially or in terms of other conditions of employment compared to the applicable awards or general awards.

The Commission examined various aspects of the agreement, including wage rates, penalty rates, leave provisions, and other employment conditions. The analysis involved comparing the proposed terms and conditions against the applicable awards to ascertain whether the employees would be better off overall. The Commission considered submissions from both parties, including evidence regarding the financial implications of the proposed agreement on the employees and the employer. Ultimately, the Commission found that the proposed agreement satisfied the BOOT, as it provided for improvements in certain areas, such as wages and leave provisions, without imposing any detriments on the employees.

As a result, the Fair Work Commission approved the APICEM Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This decision means that the agreement is now legally binding on both parties and will govern the employment conditions of the employees during the specified period. The approval of the agreement signifies that the Commission was satisfied that the proposed terms and conditions were fair and reasonable, and that the employees would be better off overall under the new agreement.

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