DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/10769)

MOTION STRUCTURES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 17 DECEMBER 2014

Application for approval of the Motion Structures 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 Motion Structures 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 24 December 2014. 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

The parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Motion Structures Pty Ltd. The dispute was regarding the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. This case was heard in the Fair Work Commission of Australia. The CFMEU sought approval for the enterprise agreement, which was intended to regulate the terms and conditions of employment for employees in the building and construction industry. Motion Structures Pty Ltd opposed the approval of the agreement.

The primary legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including the necessity for the agreement to meet the "better off overall test." This test requires that the proposed agreement must be at least as beneficial to the employees as the relevant award or existing agreement, and it should not disadvantage employees in terms of wages and conditions. Additionally, the court had to consider whether the agreement was made in good faith and whether it adhered to the procedural requirements of the Act.

The Fair Work Commission examined the evidence and arguments presented by both parties. It concluded that the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 met the "better off overall test" and was made in good faith. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees and did not disadvantage them. Furthermore, the procedural requirements of the Act were satisfied, and thus, the application for approval was successful.

The Fair Work Commission approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from 1 July 2011 to 30 June 2015. This decision ensures that employees in the building and construction industry will be governed by the terms and conditions outlined in the approved agreement, providing them with fair and reasonable employment terms.

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