DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4881)

LASER SCREED SERVICES 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 Laser Screed 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 Laser Screed 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. 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 by Laser Screed Services Pty Ltd for approval of an enterprise agreement between the company and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was made to the Fair Work Commission under the Fair Work Act 2009. The union and the employer were in dispute over certain terms and conditions of employment, specifically those outlined in the proposed enterprise agreement.

The legal issues before the court centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. This included assessing whether the agreement met the criteria for being a "better off overall or at least" agreement, which requires that the agreement does not worsen the financial or other conditions of employment of the employees, and whether the agreement was made in good faith and without coercion. The court also had to consider if the agreement included all the required minimum terms and conditions as stipulated by the Act.

The Fair Work Commission found that the enterprise agreement did meet the statutory requirements. The agreement was determined to be a "better off overall or at least" agreement, as it did not disadvantage employees and included all the necessary minimum terms. The Commission also concluded that the agreement was made in good faith and without any element of coercion. Consequently, the Commission approved the enterprise agreement, allowing it to be registered and enforceable.

The Fair Work Commission approved the enterprise agreement, thereby resolving the dispute between the employer and the union. The decision confirms the agreement as compliant with the Fair Work Act, ensuring its enforceability and the protection of employee rights within the specified period.

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