DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4635)

THE F CAM OPERATING TRUST T/AS FCAM BRICKLAYING & WALL SYSTEMS PL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 AUGUST 2016

Application for approval of The F Cam Operating Trust T/As FCAM Bricklaying & Wall Systems PL and the CFMEU (Victorian Construction and General Division) Brick Laying Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as The F Cam Operating Trust T/As FCAM Bricklaying & Wall Systems PL and the CFMEU (Victorian Construction and General Division) Brick Laying 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 1 August 2016 and, in accordance with s.54, will operate from 8 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 Fair Work Commission involved an application for the approval of a new enterprise agreement between The F Cam Operating Trust trading as FCAM Bricklaying & Wall Systems Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The proposed agreement, the Brick Laying Enterprise Agreement 2016-2018, sought to set out the terms and conditions of employment for the employees covered by the agreement.

The legal issues that the Commission was required to decide related to the fairness and appropriateness of the proposed agreement in accordance with the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the "better off overall test" and whether it contained provisions that were unfair or unjustifiable. The Commission also had to consider whether the agreement complied with the relevant provisions of the Fair Work Act, including those relating to employee representation, the scope of the agreement, and the process by which it was negotiated.

After considering the evidence and submissions from both parties, the Commission determined that the proposed agreement was fair and appropriate. The Commission found that the agreement met the better off overall test and contained provisions that were reasonable and justifiable. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act. As a result, the Commission approved the proposed agreement, which will now apply to the employees covered by it for the period 2016-2018.

The Commission's decision was based on a thorough analysis of the evidence and submissions presented by both parties. The Commission found that the agreement contained provisions that were reasonable and appropriate, including those relating to wages, hours of work, and leave entitlements. The Commission also found that the agreement provided for adequate employee representation and that the process by which it was negotiated was fair and appropriate. Overall, the Commission was satisfied that the proposed agreement was in the best interests of the employees covered by it and was consistent with the principles of 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