DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4697)

WESTERN DEVELOPMENTS UNIT TRUST (THE TRUSTEE FOR) T/AS WESTERN DEVELOPMENTS (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 AUGUST 2016

Application for approval of the Western Developments Unit Trust (The Trustee For) T/As Western Developments (Vic) 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 Western Developments Unit Trust (The Trustee For) T/As Western Developments (Vic) 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 4 August 2016 and, in accordance with s.54, will operate from 11 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between the Western Developments Unit Trust, trading as Western Developments (Vic) Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The primary dispute was whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission, which has jurisdiction over matters related to enterprise agreements.

The key legal issues the court needed to address were whether the agreement contained the necessary safety net protections, whether it provided for proper dispute resolution mechanisms, and if it complied with other relevant provisions of the Fair Work Act. The court also had to consider if the agreement was made in good faith and whether it met the requirement of being a "better off overall test," ensuring that employees were not disadvantaged by the terms of the agreement.

The court, after reviewing the terms of the agreement and the submissions from both parties, found that the agreement did indeed comply with all necessary legal requirements. It contained appropriate safety net protections, provided adequate dispute resolution mechanisms, and met the better off overall test. The court concluded that the agreement was made in good faith and was in accordance with the provisions of the Fair Work Act. Based on these findings, the court approved the enterprise agreement.

The final orders of the court were that the enterprise agreement between Western Developments (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018 be approved. This approval means that the terms of the agreement are legally binding on the parties and enforceable under the Fair Work Act.

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