DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5035)

VIBRO-PILE (AUST.) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2018

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

Application for approval of the Vibro-Pile (Aust.) Pty Ltd / CFMEU Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Vibro-Pile (Aust.) Pty Ltd / CFMEU Collective Agreement 2015-2018 (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 September 2015 and, in accordance with s.54, will operate from 1 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Vibro-Pile (Aust.) Pty Ltd, with the union seeking approval for a collective agreement spanning 2015 to 2018. The primary dispute centred around the terms and conditions of employment, including wages, working hours, and other related matters, which were outlined in the proposed agreement. The matter was heard by the Fair Work Commission, which has jurisdiction over such industrial disputes.

The legal issues that the Commission needed to address included whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically in terms of its fairness and compliance with the 'better off overall test'. This test requires that the agreement should not disadvantage employees relative to the applicable award or registered agreement. Additionally, the Commission had to consider whether the agreement contained all the mandatory terms as required by the Act and if it adhered to the principles of good faith bargaining.

In delivering its decision, the Commission examined the proposed agreement in detail, focusing on the provisions for wages, allowances, and working conditions. It found that the agreement provided for fair and reasonable terms, ensuring that employees would not be worse off overall compared to their previous conditions. The Commission noted the parties' commitment to good faith bargaining and determined that the agreement complied with all mandatory terms. Consequently, the Commission approved the collective agreement, recognising its adherence to the statutory requirements and its potential to foster a harmonious industrial relationship.

The Commission's final order was to approve the Vibro-Pile (Aust.) Pty Ltd / CFMEU Collective Agreement 2015-2018, effective from the date of the decision. This approval signifies the agreement's validity and enforceability under the Fair Work Act, ensuring that the terms set forth will govern the employment relationship between the union and the employer for 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