DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4796)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 AUGUST 2016

Application for approval of the Speedpro Industries 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 Speedpro Industries 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 5 August 2016 and, in accordance with s.54, will operate from 12 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 (CFMEU) applied for approval of the Speedpro Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. Speedpro Industries Pty Ltd, an employer in the construction industry, and the CFMEU, a trade union representing workers in the industry, had entered into an enterprise agreement. The agreement outlined terms and conditions of employment for Speedpro's employees and was submitted for approval by the Fair Work Commission.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly whether it met the criteria for "better off overall" and whether it contained appropriate provisions for employee protection and dispute resolution. The Commission also had to consider whether the agreement was made in good faith and whether it adhered to the principles of procedural fairness.

The Commission found that the agreement did indeed meet the "better off overall" test, as it provided employees with benefits that were at least equal to, or better than, the relevant industrial instrument or award. The Commission also noted that the agreement contained adequate provisions for employee protection, including provisions for minimum wage rates, leave entitlements, and occupational health and safety measures. Furthermore, the agreement included provisions for dispute resolution, which were deemed to be appropriate and in line with the principles of procedural fairness. The Commission concluded that the agreement was made in good faith and that it adhered to the relevant legal requirements.

In light of the findings, the Fair Work Commission approved the Speedpro Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement now serves as a legally binding contract between the employer and the union, governing the terms and conditions of employment for the employees of Speedpro Industries Pty Ltd during 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