DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4848)

THE TRUSTEE FOR THE BASEBUILD TRUST T/AS BASEBUILD CONSTRUCTIONS 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 Trustee for the Basebuild Trust T/As Basebuild Constructions 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 The Trustee for the Basebuild Trust T/As Basebuild Constructions 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 involved an application for approval of an enterprise agreement between The Trustee for the Basebuild Trust trading as Basebuild Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission (FWC). The union sought to have the enterprise agreement approved, which would establish the terms and conditions of employment for workers within the specified industry and geographic area.

The central legal issues before the FWC were whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including the "better off overall test" (BOOT) which mandates that employees should be no worse off financially and at least as well off overall, and whether the agreement appropriately covered the necessary procedural aspects, including genuine bargaining and proper disclosure of information. Additionally, the FWC had to consider if the agreement complied with the "good faith" requirement, ensuring that the parties engaged in the negotiation process honestly and without coercion.

In its decision, the FWC meticulously examined the evidence presented, including submissions from both parties and the detailed terms of the agreement. The Commission concluded that the agreement satisfied the BOOT, as it ensured employees were not worse off and were adequately compensated for their work. The FWC found that the bargaining process had been conducted in good faith, with sufficient disclosure of relevant information. Consequently, the FWC approved the enterprise agreement, finding it to be fair and compliant with all statutory requirements.

The final orders of the FWC approved the Basebuild Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision, subject to the conditions specified in the approval order. This ruling provided clarity and certainty for both employers and employees within the relevant industry and geographic area.

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