DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3746)

OCC SERVICES PTY LTD T/AS OCC BUILDING SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) LABOUR HIRE INDUSTRY ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 6 JULY 2016

Application for approval of the OCC Services Pty Ltd T/As OCC Building Services and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the OCC Services Pty Ltd T/As OCC Building Services and the CFMEU (Victorian Construction and General Division) Labour Hire Industry 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 6 July 2016 and, in accordance with s.54, will operate from 13 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the OCC Building Services and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018. The dispute arose between OCC Services Pty Ltd and the union, with the union seeking to have the enterprise agreement approved to govern the employment conditions of workers in the labour hire industry. The Fair Work Commission was tasked with determining whether the agreement met the statutory criteria for approval, including fairness, efficiency, and flexibility.

The central legal issues before the Commission were whether the proposed agreement satisfied the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was fair, whether it promoted productivity, and whether it provided sufficient flexibility for the parties. The Commission also had to consider the balance of the agreement in terms of its provisions on wages, hours of work, and other employment conditions. Additionally, the Commission examined the process by which the agreement was negotiated and whether it complied with the legal requirements for enterprise agreements.

In making its decision, the Commission considered the evidence provided by both parties and the submissions made. The Commission found that the agreement was fair and met the statutory criteria for approval. It determined that the agreement included provisions that promoted productivity and provided the necessary flexibility for the parties. The Commission was satisfied that the agreement had been negotiated in good faith and that the process followed was appropriate. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and the employer.

The Fair Work Commission approved the OCC Building Services and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018, determining that it met all the statutory criteria for approval. The agreement was found to be fair, to promote productivity, and to provide the necessary flexibility for the parties. The Commission's decision affirmed the agreement's provisions on wages, hours of work, and other employment conditions, thereby resolving the dispute between OCC Services Pty Ltd and the union.

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