DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3690)

FORCE PRECAST AUST PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTEPRISE AGREEMENT 2016-2018

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

Application for approval of the Force Precast Aust 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 Force Precast Aust 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 4 July 2016 and, in accordance with s.54, will operate from 11 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 matter before the court was an application for approval of an enterprise agreement between Force Precast Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought in the Fair Work Commission, which is responsible for approving such agreements under Australian labour law. The union and the employer sought to have their proposed agreement, covering a period from 2016 to 2018, ratified by the Commission.

The legal issues before the court centred on whether the agreement met the requirements set out in the Fair Work Act 2009, specifically whether it was a "better off overall test" agreement, and whether it was free from prohibited content. The Commission had to ensure that the agreement provided employees with a fair and reasonable set of conditions compared to the applicable award or registered agreement, and that it did not contain any terms that would be detrimental to employees or contrary to public policy.

The Commission found that the agreement met the "better off overall test" and contained no prohibited content. The proposed agreement provided employees with improved wages, conditions, and entitlements compared to the existing award, and included provisions that were beneficial to both parties. The Commission was satisfied that the agreement was fair and reasonable, and approved it accordingly.

In summary, the Fair Work Commission approved the enterprise agreement between Force Precast Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period from 2016 to 2018, finding that it met the legal requirements under the Fair Work Act 2009.

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