DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6373)

TOP END BUILDINGS AND CFMEU (WA) CEILING FIXER ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2018

Application for approval of the Top End Buildings and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Top End Buildings and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020 (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 11 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Top End Buildings and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020. The application was made under section 231 of the Fair Work Act 2009. The dispute centred around the provisions of the proposed agreement, specifically whether it met the criteria for approval as a modern award under the Act.

The key legal issues for the Commission to decide were whether the agreement provided for terms and conditions that were no worse off financially than those under the applicable modern award and whether the agreement contained permissible individual flexibility arrangements. The Commission also needed to assess whether the agreement appropriately balanced the interests of the employees and employers and whether it complied with the Act’s objectives.

The Commission examined the financial impacts of the proposed agreement and found that it did not result in employees being worse off financially than if they were covered by the applicable modern award. The Commission also considered the individual flexibility arrangements and concluded they were consistent with the Act’s objectives and appropriately balanced the interests of the parties. The Commission approved the agreement, finding it met all the statutory requirements and served the interests of the employees and employers.

The Fair Work Commission approved the Top End Buildings and CFMEU (WA) Ceiling Fixer Enterprise Agreement 2016-2020. The decision was made on the basis that the agreement provided no worse financial terms than the applicable modern award, contained permissible individual flexibility arrangements, and balanced the interests of the employees and employers. The Commission found that the agreement met the statutory 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