DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2720)

SOUTHCOAST CONSTRUCTION GROUP PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 MAY 2015

Application for approval of the Southcoast Construction Group Pty Ltd 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 Southcoast Construction Group Pty Ltd 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 the Construction, Forestry, Mining and Energy Union (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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, will operate from 29 May 2015. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the Southcoast Construction Group Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. The application was heard in the Fair Work Commission. The primary dispute revolved around whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009 and whether it was appropriate for approval given its implications for the employees covered by the agreement.

The legal issues that the court needed to address included whether the agreement provided fair and reasonable terms and conditions for the employees, and whether it complied with the procedural requirements for enterprise agreements. A significant issue was the interpretation of the "better off overall test" which requires that employees under the agreement be no worse off than they would be under the applicable award or safety net. Additionally, the court had to consider if the agreement was made in good faith and if it complied with the minimum standards set by the Fair Work Act.

In its decision, the Fair Work Commission examined the terms and conditions outlined in the agreement, the bargaining processes, and the compliance with statutory requirements. The Commission found that the agreement did provide fair and reasonable terms and conditions for the employees and was in compliance with the procedural and substantive requirements of the Act. The Commission concluded that the agreement passed the "better off overall test" and was made in good faith. Consequently, the application for approval was upheld.

The final orders included the approval of the Southcoast Construction Group Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015, effective from the date of the decision. This approval would govern the terms and conditions of employment for the employees covered by the agreement.

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