DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3976)

TRI4 PEST CONTROL PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JULY 2015

Application for approval of the Tri4 Pest Control Pty Ltd (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tri4 Pest Control Pty Ltd (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 30 July 2015 and, in accordance with s.54, will operate from 6 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of the Tri4 Pest Control Pty Ltd (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the agreement under the Fair Work Act 2009. The Company opposed the application, challenging the agreement on various grounds.

The primary legal issues before the court were whether the agreement complied with the statutory requirements of the Fair Work Act and whether it met the criteria for being a “better off overall test” (BOOT) agreement. The Company argued that the agreement did not meet the BOOT criteria, as it failed to provide adequate protections for employees, particularly in terms of wages and conditions. The CFMEU, on the other hand, contended that the agreement was fair and balanced, providing adequate protections and benefits to employees.

The court found that the agreement complied with the statutory requirements and met the BOOT criteria. The court held that the agreement provided adequate protections for employees, including minimum wages and conditions, and that the benefits provided to employees outweighed any detriments. The court rejected the Company’s arguments, finding that the agreement was fair and reasonable in all the circumstances.

The court approved the agreement, and it came into effect on the date of the court’s decision. The Company was required to implement the agreement and comply with its terms, while the CFMEU was entitled to enforce the agreement against the Company. The court’s decision provides guidance on the application of the BOOT criteria in enterprise agreement cases and reinforces the importance of fair and balanced agreements in the workplace.

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