DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/933)

STARLINE AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 APRIL 2016

Application for approval of the Starline Australia Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Starline Australia Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 26 April 2016 and, in accordance with s.54, will operate from 3 May 2016. The nominal expiry date of the Agreement is 2 July 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 a collective agreement between Starline Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015-2019. The applicant, Starline Australia, sought approval for the proposed collective agreement, while the CFMEU supported the application. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed collective agreement was consistent with the provisions of the Fair Work Act. Specifically, the Commission needed to assess if the agreement complied with the "better off overall test" (BOOT) under section 235 of the Act, which requires that employees be no worse off financially than they would be under their existing terms and conditions. The Commission also needed to consider if the agreement adhered to other statutory requirements, including provisions related to the avoidance of industrial action, procedural fairness, and the protection of employees' rights.

The Commission found that the proposed agreement met the BOOT, as it provided employees with a range of benefits, including wage increases, improved working conditions, and other entitlements. The Commission was satisfied that the agreement did not result in employees being worse off financially than under their existing terms and conditions. The Commission also determined that the agreement complied with other statutory requirements, including provisions related to the avoidance of industrial action, procedural fairness, and the protection of employees' rights. Consequently, the Commission approved the proposed collective agreement, finding it to be in the best interests of the employees and consistent with the provisions of the Fair Work Act.

As a result of the Commission's decision, the Starline Australia Pty Ltd and CFMEU Union Collective Agreement 2015-2019 was approved and came into effect, governing the employment terms and conditions of the employees during the specified period.

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