DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3665)

ELITE CLADDING SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for approval of the Elite Cladding Solutions 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 Elite Cladding Solutions 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 1 July 2016 and, in accordance with s.54, will operate from 8 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 Fair Work Commission involved an application for approval of the Enterprise Agreement between Elite Cladding Solutions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The application was brought forward by the union, who sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around whether the proposed terms of the agreement complied with the relevant legal requirements and whether they met the criteria for "better off overall" for the employees involved.

The primary legal issues before the Commission were whether the agreement contained terms that complied with the mandatory provisions of the Fair Work Act, and whether it provided employees with a safety net that was "at least equal to" the protection provided by the applicable award. Additionally, the Commission needed to determine if the agreement was "in the interests of the employees" and whether it provided a "better off overall" outcome for the employees compared to the existing award provisions.

In delivering its decision, the Commission examined each clause of the agreement against the statutory requirements and found that the proposed agreement met the necessary criteria. The Commission noted that the agreement provided for a comprehensive set of terms and conditions that were, in its view, at least as good as, if not better than, the protections provided by the relevant award. The Commission also considered the evidence presented regarding the "better off overall" test, which included detailed submissions from both parties, and found that the agreement did indeed provide a better outcome for the employees. As a result, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement between Elite Cladding Solutions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. This decision confirms that the agreement complies with the relevant legal requirements under the Fair Work Act 2009 and provides employees with a safety net that is at least equal to the protection provided by the applicable award. The Commission found that the agreement met the "better off overall" test and was in the interests of the employees.

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