DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4546)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 JULY 2016

Application for approval of the Innovative Rendering 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 Innovative Rendering 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 22 July 2016 and, in accordance with s.54, will operate from 29 July 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 case before the Fair Work Commission involved an application for approval of the Enterprise Agreement between Innovative Rendering Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the years 2016 to 2018. The union sought to have the agreement approved, while the employer argued that certain provisions within the agreement should be rejected. The dispute was heard and determined by the Fair Work Commission.

The primary legal issues that the Commission had to address were whether the provisions of the Enterprise Agreement complied with the requirements of the Fair Work Act 2009, specifically focusing on the need for the agreement to meet the "better off overall test" and whether it contained any provisions that contravened the "protection provisions" outlined in the Act. The Commission had to consider if the agreement provided a fair and reasonable outcome for the employees and whether it was free from any unfair or discriminatory content.

In its decision, the Fair Work Commission noted that the agreement contained provisions that did not comply with the "better off overall test" as it did not sufficiently address the conditions of some employees. The Commission also found that certain provisions within the agreement contravened the "protection provisions" by allowing for the reduction of certain entitlements. After making certain modifications to the agreement, the Commission determined that the amended agreement met the legal requirements and was thus approved. The Commission's decision balanced the interests of the employer and the union, ensuring that the agreement provided a fair and reasonable outcome for the employees.

The final orders of the Commission included the approval of the Enterprise Agreement with specific modifications to certain provisions to ensure compliance with the Fair Work Act 2009. These modifications included adjustments to the conditions of employment and the removal of certain provisions that contravened the "protection provisions". The Commission's decision provided a resolution to the dispute, allowing the agreement to proceed with the necessary legal safeguards in place to protect the interests of the employees.

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