DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6147)

T BUILT INSTALL PTY LIMITED AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 24 NOVEMBER 2015

Application for approval of the T Built Install Pty Limited and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the T Built Install Pty Limited 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 24 November 2015 and, in accordance with s.54, will operate from 1 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

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 applied for approval of the T Built Install Pty Limited and CFMEU Union Collective Agreement 2015 - 2019. The application was made on the basis that the agreement had been fairly and genuinely negotiated and met the "better off overall test". T Built Install Pty Limited, a respondent to the proceedings, opposed the application, arguing that the agreement did not meet the better off overall test as it provided for lower wages and conditions than the relevant industry awards.

The central legal issue before the Commission was whether the collective agreement provided for terms and conditions that were better off overall for the employees than the terms and conditions provided for in the relevant industry award. The Commission considered the evidence presented by both parties, including the submissions and arguments made, and examined the terms and conditions of the agreement. The Commission also had regard to the relevant industry award and the applicable law.

The Commission found that the agreement provided for terms and conditions that were better off overall for the employees than the terms and conditions provided for in the relevant industry award. The Commission was satisfied that the agreement had been fairly and genuinely negotiated and that the parties had acted in good faith. The Commission approved the application and the agreement was registered.

The Fair Work Commission approved the application and registered the T Built Install Pty Limited and CFMEU Union Collective Agreement 2015 - 2019. The decision is a useful reminder of the importance of ensuring that any collective agreement provides for terms and conditions that are better off overall for the employees than the terms and conditions provided for in the relevant industry award.

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