DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4570)

LINK STONE WORKS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 JULY 2016

Application for approval of the Link Stone Works 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 Link Stone Works 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 2 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Link Stone Works Pty Ltd. The dispute centred around the approval of the Enterprise Agreement between the two parties for the years 2016 to 2018. This matter was heard in the Fair Work Commission, an Australian federal statutory tribunal.

The legal issues before the court were primarily concerned with the fairness and compliance of the Enterprise Agreement with relevant labour laws. Specifically, the court needed to determine whether the agreement met the requirements for "better off overall" and "no disbenefit" as stipulated in the Fair Work Act 2009. Additionally, the court had to consider whether the agreement complied with procedural fairness, given that the CFMEU had alleged that Link Stone Works Pty Ltd had not genuinely bargained with it.

The Fair Work Commission found that the Enterprise Agreement met the "better off overall" test, as it provided employees with a combination of higher wages and benefits that outweighed any potential disadvantages. The Commission also concluded that the agreement was procedurally fair, as it found no evidence of improper conduct by Link Stone Works Pty Ltd during the bargaining process. The Commission was satisfied that genuine bargaining had taken place between the parties. Consequently, the Commission approved the Enterprise Agreement, recognising its compliance with all necessary legal standards.

The Fair Work Commission's decision was to approve the Enterprise Agreement between Link Stone Works Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. This approval was based on the findings that the agreement was fair, complied with the relevant labour laws, and met the "better off overall" and "no disbenefit" criteria.

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