DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4927)

TOOHEYS FORM CRETE UNIT TRUST T/AS TOOHEYS FORM CRETE 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 Tooheys Form Crete Unit Trust T/As Tooheys Form Crete 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 Tooheys Form Crete Unit Trust T/As Tooheys Form Crete 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

The matter before the Fair Work Commission involved an application for the approval of the Tooheys Form Crete Unit Trust trading as Tooheys Form Crete and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant union sought the endorsement of the agreement, which outlined the terms and conditions of employment for employees within the Tooheys Form Crete business. The application was made under the Fair Work Act 2009, which mandates that enterprise agreements must receive the Commission's approval before they can be registered and thus become legally binding.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval as stipulated by the Fair Work Act. Specifically, the Commission had to determine if the agreement complied with the requirements for good faith bargaining, included provisions that met the ‘better off overall test’, and did not contain any unlawful content. The union argued that the agreement was the product of genuine bargaining and that it provided benefits to the employees that outweighed any detriments. The employer, on the other hand, raised concerns about certain provisions, contending that they were not in the best interest of the business and might contravene the Act.

The Commission examined the evidence and submissions from both parties, focusing on the negotiation process, the provisions of the agreement, and the overall impact on the employees and the business. The Commission found that the agreement was the result of genuine bargaining and that the union had acted in good faith. The provisions were assessed against the better off overall test, and the Commission was satisfied that the agreement provided a fair and reasonable outcome for the employees. The employer's objections regarding specific provisions were considered, but the Commission concluded that these did not prevent the agreement from being approved. Consequently, the Commission approved the enterprise agreement, finding it met all legal requirements for endorsement.

In light of the approval, the Commission issued an order for the registration of the enterprise agreement under the Fair Work Act. The agreement, once registered, will become a legally binding contract between the employer and the employees covered by the agreement, outlining their terms and conditions of employment for the specified period. The employer is required to comply with the agreement, and the employees are entitled to the protections and benefits provided by the endorsed terms.

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