DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4750)

FIRE RATING SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

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

Application for approval of the FIRE RATING SOLUTIONS 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 FIRE RATING SOLUTIONS 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 3 August 2016 and, in accordance with s.54, 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 applicants, FIRE RATING SOLUTIONS PTY LTD and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval of an enterprise agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission, with the primary focus being on the provisions regarding the classification and remuneration of employees within the agreement. The dispute centred on whether certain clauses in the agreement met the statutory requirements for approval, particularly in relation to the treatment of employees' entitlements and conditions.

The legal issues before the court included the interpretation and compliance of specific clauses within the agreement with the Fair Work Act 2009. Key concerns were whether the agreement unfairly disadvantaged employees by altering their classification and remuneration in a manner that was not consistent with the principles of the Act. Additionally, the court had to consider whether the agreement provided for a fair and efficient method of determining employment conditions, including pay rates and classification, without causing undue detriment to the employees.

The Fair Work Commission found that while the agreement generally met the requirements of the Fair Work Act, certain provisions regarding employee classification and remuneration needed modification to ensure compliance with the Act. The Commission held that the original agreement did not adequately protect the employees' entitlements and could potentially cause undue detriment. Consequently, the court ordered specific amendments to the agreement to address these concerns, ensuring that the classification and remuneration provisions aligned with the statutory requirements and provided for a fair and efficient method of determining employment conditions. The final orders included the approval of the agreement, subject to the modifications specified by the Commission.

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