DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4452)

LIFTMOD UNIT TRUST (THE TRUSTEE FOR) T/AS LIFTMOD PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 JULY 2016

Application for approval of the Liftmod Unit Trust (The Trustee for) T/As Liftmod 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 Liftmod Unit Trust (The Trustee for) T/As Liftmod 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 19 July 2016 and, in accordance with s.54, will operate from 26 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 Liftmod Unit Trust (The Trustee for) T/As Liftmod Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The parties were the employer, Liftmod Unit Trust, and the union, the Construction, Forestry, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission, which is the primary body for resolving workplace disputes in Australia.

The central legal issues before the Commission were whether the agreement complied with the statutory provisions for enterprise agreements and if it contained any terms that were unfair or unjust. Specifically, the Commission needed to determine if the agreement met the "better off overall test" (BOOT), which requires that employees be no worse off financially and at least some employees better off financially than they would be under the applicable award or safety net. Additionally, the Commission examined whether the agreement's terms were procedurally fair and did not contravene any relevant provisions of the Fair Work Act.

The Commission thoroughly reviewed the agreement's provisions, the submissions from both parties, and relevant case law. It found that the agreement satisfied the BOOT by demonstrating that the majority of employees would experience a financial improvement, and no employee would be worse off. The Commission also considered the procedural fairness of the agreement's negotiation process and found that it adhered to the necessary standards. Ultimately, the Commission approved the agreement, concluding that it met all the legal requirements for an enterprise agreement under the Fair Work Act.

No further orders were made by the Commission beyond its approval of the enterprise agreement. The decision confirmed that the agreement was legally binding and could be implemented as intended by the parties.

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