DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4764)

SAND STOCK CLAY PANELS PTY LTD T/AS PRO FIX WINDOWS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	SYDNEY, 4 AUGUST 2016

Application for approval of the Sand Stock Clay Panels Pty Ltd T/As Pro Fix Windows 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 Sand Stock Clay Panels Pty Ltd T/As Pro Fix Windows 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 11 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Sand Stock Clay Panels Pty Ltd T/As Pro Fix Windows and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission heard the case. The central dispute involved whether the terms of the enterprise agreement met the legal criteria for approval under the Fair Work Act 2009. The legal issues before the Commission were primarily centred on whether the agreement provided adequate protections for employees and whether it complied with the requirements of the Act.

The Commission examined the agreement's provisions, focusing on aspects such as minimum wages, hours of work, leave entitlements, and other employment conditions. The analysis involved assessing whether the agreement ensured that employees received no less favourable terms and conditions than those provided by the applicable awards or registered agreements. The Commission also scrutinised whether the agreement included appropriate mechanisms for dispute resolution and whether it was fairly negotiated. The primary legal issue was whether the agreement met the "better off overall test" (BOOT), ensuring that employees were not worse off under the agreement than they would be under the applicable awards or registered agreements.

After thorough consideration of the arguments presented by both parties, the Fair Work Commission found that the enterprise agreement did indeed meet the necessary legal criteria for approval. The Commission was satisfied that the agreement provided adequate protections for employees and complied with the requirements of the Act. It concluded that the agreement was fairly negotiated and provided for fair terms and conditions of employment. The Commission approved the agreement, finding it to be in the interests of promoting better working conditions and industrial relations.

The final orders included the approval of the Sand Stock Clay Panels Pty Ltd T/As Pro Fix Windows and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement was to be registered and would apply to the employees covered by the agreement. The Commission's decision ensured that the employees would benefit from the terms and conditions outlined in the approved agreement, which met the statutory requirements under the Fair Work Act 2009.

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