DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6574)

BERWICK PAINTING & DECORATING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 JANUARY 2018

Application for approval of the Berwick Painting & Decorating 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 Berwick Painting & Decorating 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.

[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 16 January 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Berwick Painting & Decorating Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission was tasked with determining whether the agreement should be approved. The respondent, Berwick Painting & Decorating Pty Ltd, sought approval of the enterprise agreement, while the applicant, the Construction, Forestry, Mining and Energy Union, opposed the application. The primary focus of the dispute centred on the terms and conditions outlined within the proposed agreement, particularly regarding the classification of employees and the pay rates.

The legal issues before the Commission involved whether the agreement provided for the fair remuneration of employees, in accordance with the provisions of the Fair Work Act 2009. Additionally, the Commission had to determine whether the agreement met the requirements of being a "better off overall test" for employees, meaning that the overall benefit to employees under the agreement should be greater than the benefits they would receive under the relevant award or the national employment standards.

In its decision, the Fair Work Commission found that the proposed agreement met the statutory requirements under the Fair Work Act 2009. The Commission determined that the agreement provided for fair remuneration for employees and met the "better off overall test." The Commission considered the evidence presented by both parties and was satisfied that the agreement provided for appropriate classification of employees and fair pay rates. Consequently, the Commission approved the enterprise agreement, and it will now be binding on the parties involved.

In conclusion, the Fair Work Commission approved the Berwick Painting & Decorating Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission determined that the agreement met the statutory requirements and provided for fair remuneration and a "better off overall test" for employees. The approved enterprise agreement will now govern the terms and conditions of employment between the parties involved.

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