DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4756)

LEE BROTHERS FENCING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2016

Application for approval of the Lee Brothers Fencing 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 Lee Brothers Fencing 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.

[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 10 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 the Construction, Forestry, Mining and Energy Union (CFMEU) and Lee Brothers Fencing Pty Ltd. The dispute centred on the application for approval of the Enterprise Agreement between the two parties for the years 2016-2018. The matter was brought before the Fair Work Commission, which is the primary industrial relations tribunal in Australia.

The legal issues that the Commission had to address were whether the enterprise agreement met the requirements under the Fair Work Act 2009, including whether it was appropriately certified and whether it contained all the mandated terms and conditions. The Commission also needed to consider whether the agreement was made in good faith and whether it complied with the ‘better off overall test’ (BOOT), which ensures that employees are no worse off financially under the new agreement than they would be under the existing award.

The Fair Work Commission determined that the Enterprise Agreement was appropriately certified and met the necessary statutory requirements. The Commission found that the agreement was made in good faith and passed the BOOT. The Commission considered the financial implications of the agreement, the fairness of the terms, and the overall benefits for the employees. The Commission approved the application for the Enterprise Agreement, finding that it was beneficial and in compliance with the relevant legislation.

The Fair Work Commission approved the application for the Enterprise Agreement between Lee Brothers Fencing Pty Ltd and the CFMEU (Victorian Construction and General Division) for the years 2016-2018. This decision confirmed that the agreement was appropriately certified, met the statutory requirements, and provided better outcomes for the employees.

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