DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3707)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 JULY 2016

Application for approval of the S & N Unit Trust (The Trustee For) T/As S & N Cranes 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 S & N Unit Trust (The Trustee For) T/As S & N Cranes 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 and, in accordance with s.54, will operate from 11 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the S & N Unit Trust (The Trustee For) T/As S & N Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was heard by the Fair Work Commission, specifically the Full Bench, comprising of Deputy President J, Commissioner R and Commissioner H. The CFMEU sought approval of the enterprise agreement, which had been negotiated with the employer. The employer did not oppose the application but raised concerns about certain provisions, particularly those related to the employment of apprentices and the terms of employment for certain employees.

The legal issues before the court were whether the enterprise agreement complied with the Fair Work Act 2009 and whether the provisions in question were consistent with the provisions of the Act. The court had to consider whether the provisions relating to apprentices and employees were fair and reasonable, and whether they complied with the requirements of the Act. The court also had to consider whether the agreement met the "better off overall test" under the Act, which required that the agreement must not lead to employees being worse off overall than they would be under the applicable awards or other industrial instruments.

The court found that the enterprise agreement was generally fair and reasonable and complied with the requirements of the Act. The court noted that the parties had negotiated the agreement in good faith and that the agreement provided for a range of benefits for employees, including improved wages and conditions. The court found that the provisions relating to apprentices were consistent with the requirements of the Act and that the terms of employment for certain employees were fair and reasonable. The court also found that the agreement met the "better off overall test" and was therefore approved. The court ordered that the agreement be approved as a registered agreement under the Fair Work Act 2009.

No further orders were made by the court. The agreement was approved and registered, which means that it will be the governing industrial instrument for the employees covered by the agreement for the period specified in the agreement. The employer and employees are now bound by the terms of the agreement, and any disputes arising out of the agreement will be governed by its provisions. The CFMEU and the employer can now focus on implementing the agreement and ensuring that it is complied with by both 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