DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4589)

NEMO CARPENTRY SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 JULY 2016

Application for approval of the Nemo Carpentry Services 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 Nemo Carpentry Services 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 28 July 2016 and, in accordance with s.54, will operate from 4 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, Nemo Carpentry Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), applied for approval of their Enterprise Agreement 2016-2018 under the Fair Work Act 2009. The application was heard in the Fair Work Commission, which has jurisdiction to approve, reject or seek further information about enterprise agreements. The nature of the dispute was the validity and enforceability of the proposed agreement, particularly regarding the terms and conditions of employment, including wages, hours of work, and other conditions.

The primary legal issues before the Commission were whether the agreement complied with the formal requirements of the Fair Work Act, including whether it was made without coercion, and whether it provided for the proper operation of the enterprise. Further, the Commission had to consider whether the agreement met the "better off overall test", ensuring that employees were not worse off than they would be under the applicable award or modern award. The applicants argued that the agreement was made in good faith and provided for the proper operation of their enterprise, while also meeting the better off overall test.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement met the formal requirements of the Fair Work Act. The Commission noted that the agreement had been made without coercion and provided for the proper operation of the enterprise. In addition, the Commission found that the agreement met the better off overall test, as it provided for wages and conditions that were no less favourable than those provided for in the applicable award. The Commission approved the agreement, finding that it provided for the fair and equitable treatment of employees and facilitated the proper operation of the enterprise.

The Fair Work Commission approved the Nemo Carpentry Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding that it met the formal requirements of the Fair Work Act and provided for the fair and equitable treatment of employees. The Commission also found that the agreement met the better off overall test and facilitated the proper operation of the enterprise. The approval of the agreement ensures that employees are provided with fair wages and conditions of employment, while also allowing the enterprise to operate effectively and efficiently.

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