DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1263)

CAPITAL TERRITORY FIXING PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2016

Application for approval of the Capital Territory Fixing Pty Ltd and CFMEU ACT Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Capital Territory Fixing Pty Ltd and CFMEU ACT Enterprise Agreement 2016 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 31 March 2019.

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 Capital Territory Fixing Pty Ltd and CFMEU ACT Enterprise Agreement 2016. The dispute was between Capital Territory Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union ACT Branch. The primary issue at hand was whether the terms and conditions outlined in the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission was tasked with determining whether the agreement contained the necessary provisions to meet the "better off overall test" and other mandatory requirements set out in the Fair Work Act. This included assessing if the agreement provided for minimum rates of pay, reasonable hours of work, and other entitlements that were at least equal to the applicable awards or better than the terms provided for in those awards. The Commission also needed to consider whether the agreement complied with other provisions such as those relating to redundancy, termination, and dispute resolution mechanisms.

In its decision, the Fair Work Commission examined the various terms of the enterprise agreement in detail. The Commission concluded that the agreement did indeed meet the statutory requirements and provided employees with a better overall package than what was available under the applicable awards. The Commission found that the agreement provided for adequate minimum rates of pay, reasonable hours of work, and other entitlements that were at least equivalent to those in the relevant awards. Furthermore, the agreement contained appropriate provisions for redundancy, termination, and dispute resolution. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission's final orders were that the Capital Territory Fixing Pty Ltd and CFMEU ACT Enterprise Agreement 2016 be approved, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would apply to the employees covered by it, superseding the applicable awards.

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