DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2024)

EMAC CONSTRUCTIONS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 10 MARCH 2015

Application for approval of the EMAC Constructions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the EMAC Constructions Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 17 March 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Construction, Forestry, Mining and Energy Union and EMAC Constructions Pty Ltd, the Fair Work Commission (FWC) was tasked with considering an application for approval of the Enterprise Agreement between the EMAC Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centred around the validity and approval of the terms of the agreement, particularly those concerning the classification and rates of pay for certain employees.

The primary legal issues before the FWC were whether the agreement complied with the requirements of the Fair Work Act 2009 and if it met the standards of a "better off overall test" (BOOT). This involved assessing whether the employees covered by the agreement were at least as well off, financially, under the new terms as they would have been under the existing industrial instruments. Additionally, the FWC had to determine if the agreement appropriately addressed the classifications of employees in accordance with the applicable awards and if it adhered to the procedural requirements set forth in the Fair Work Act.

The FWC examined the evidence and submissions from both parties, focusing on the economic benefits and detriments to the employees. After a thorough analysis, the FWC determined that the agreement did indeed meet the BOOT, as the employees were at least as well off overall under the new terms. The FWC also found that the classification provisions within the agreement were in line with the relevant awards and did not unfairly disadvantage any employee. Consequently, the FWC approved the Enterprise Agreement.

The Fair Work Commission approved the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015, finding it compliant with the Fair Work Act 2009 and meeting the requirements of the better off overall test.

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