DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4924)

CO BUILDING SERVICES PTY LTD T/AS CO BUILDING SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

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

Application for approval of the CO BUILDING SERVICES PTY LTD T/As CO BUILDING SERVICES 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 CO BUILDING SERVICES PTY LTD T/As CO BUILDING SERVICES 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 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of the CO Building Services Pty Ltd T/As CO Building Services and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The agreement was entered into under the Fair Work Act 2009 and aimed to regulate the terms and conditions of employment for employees of CO Building Services. The dispute centred on the validity and fairness of the enterprise agreement, specifically addressing whether the agreement complied with the statutory requirements and whether it was appropriately negotiated.

The key legal issues before the Commission included whether the enterprise agreement was made in good faith and whether it complied with the procedural requirements set out in the Fair Work Act. Additionally, the Commission had to determine whether the agreement was in the best interests of the employees and whether it met the 'better off overall test' (BOOT). This test assesses whether employees are better off overall under the terms of the enterprise agreement compared to the applicable award or registered agreement.

The Commission found that the enterprise agreement was made in good faith and complied with the procedural requirements of the Fair Work Act. It was determined that the agreement was appropriately negotiated and included provisions that were in the best interests of the employees. Furthermore, the Commission concluded that the agreement met the BOOT, as employees would be better off overall under the terms of the agreement compared to the applicable award. Consequently, the Commission approved the enterprise agreement, recognising it as a valid and fair arrangement for the employees of CO Building Services.

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