DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3767)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the SS FORMWORK 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 SS FORMWORK 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 7 July 2016 and, in accordance with s.54, will operate from 14 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 involved an application for the approval of the Enterprise Agreement between SS Formwork Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The application was brought before the Fair Work Commission, an Australian workplace relations tribunal. The dispute centred around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the union and the employer were required to demonstrate that the agreement was in the best interests of the employees and that it adhered to the provisions of the Act, including those relating to minimum entitlements.

The court was tasked with determining whether the agreement provided for fair and reasonable terms and conditions for employees, and if it met the procedural requirements outlined in the Act. The primary concern was whether the agreement complied with the "better off overall test" (BOOT), which mandates that employees should not be worse off financially under the new agreement compared to their existing conditions. The court also had to ensure that the agreement was made in good faith and that there were adequate mechanisms for resolving disputes.

In its reasoning, the Fair Work Commission found that the Enterprise Agreement did indeed meet the requirements for approval. The court examined the financial implications for employees, concluding that the proposed changes resulted in no adverse financial effects and were, in fact, beneficial to the employees. Furthermore, the agreement was found to be made in good faith, with proper consultation processes having been followed. The court also noted that the agreement included provisions for dispute resolution, thereby satisfying the legal requirements for procedural fairness. Consequently, the application for approval was granted.

The final orders of the Commission approved the Enterprise Agreement between SS Formwork Pty Ltd and the CFMEU, effective from the specified period. The approval was contingent upon the agreement being implemented in accordance with the terms outlined, and the Commission reserved the right to review compliance with the agreement in the future. The decision was made in line with the statutory obligations under the Fair Work Act 2009, ensuring that the rights and interests of both the employer and employees were duly considered.

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