DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4611)

APPIA GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 JULY 2016

Application for approval of the APPIA Group 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 APPIA Group 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 27 July 2016 and, in accordance with s.54, will operate from 3 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) and APPIA Group Pty Ltd applied for the approval of their Enterprise Agreement 2016-2018. The APPIA Group is an employer within the electrical, telecommunications and construction industries, while the CFMEU represents the employees of these industries. The agreement proposed various terms and conditions of employment, including wages, hours, leave entitlements, and other matters. The CFMEU sought to have the agreement approved, arguing it met the requirements of the Fair Work Act 2009. The APPIA Group contested the application on the basis that certain provisions of the agreement did not meet the requirements of the Act.

The central legal issue before the Commission was whether the proposed Enterprise Agreement complied with the relevant statutory provisions. Specifically, the APPIA Group argued that certain clauses did not meet the "better off overall test" and were not genuinely negotiated between the parties. The CFMEU contended that the agreement met all statutory requirements and was a genuine product of negotiations between the parties. The Commission had to determine if the agreement was "freely and fairly" negotiated and if it provided employees with a safety net of minimum terms and conditions that were "no worse off overall" than their previous conditions.

In deciding the matter, the Commission examined the evidence presented by both parties and considered the statutory requirements under the Fair Work Act. The Commission found that the agreement was genuinely negotiated and met the "better off overall test" as it provided employees with a safety net of minimum terms and conditions that were not worse than their previous conditions. Additionally, the Commission found that the agreement did not contain any provisions that were not genuinely negotiated between the parties. Consequently, the Commission approved the Enterprise Agreement, finding that it complied with the statutory requirements and was a genuine product of negotiations between the parties.

The Commission's final orders were that the Enterprise Agreement 2016-2018 between the CFMEU and the APPIA Group be approved and registered. The agreement would then be binding on all employees covered by the agreement, and the parties were required to comply with its terms. The decision provided certainty to both parties and their employees, as the terms and conditions of employment were now formally agreed upon and registered with the Fair Work 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