DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10415)

SS MGMT GRP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 JANUARY 2015

Application for approval of the SS MGMT GRP Pty Ltd/CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe SS MGMT GRP Pty Ltd/CFMEU Collective Agreement 2014-2017 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between SS MGMT GRP Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The central dispute centred around the terms of the agreement which had been negotiated between the parties. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009. The nature of the agreement, its implications for the workforce, and the obligations it imposed on both parties were critical to the court’s decision.

The primary legal issues before the Commission were whether the collective agreement fulfilled the requirements of being a "modern award" under the Fair Work Act and whether it provided for the "better off overall test" (BOOT). The Commission had to scrutinise the agreement to ensure it did not undermine the minimum standards set by the modern awards and that it offered employees conditions that were at least as good as, or better than, those provided by the relevant award. Additionally, the court had to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the Commission carefully examined the terms of the agreement, highlighting specific clauses that addressed the BOOT. The analysis revealed that the agreement did not provide employees with terms that were worse than those in the applicable modern award. Furthermore, the Commission found that the agreement included provisions that enhanced the rights and protections of employees, thereby satisfying the BOOT. Consequently, the Commission approved the collective agreement, recognising its alignment with the legislative framework and its benefits to the workforce.

The Fair Work Commission approved the SS MGMT GRP Pty Ltd/CFMEU Collective Agreement 2014-2017, effective from the date of the decision. This outcome confirmed the agreement's compliance with the statutory requirements and its positive impact on the employees' conditions.

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