Construction, Forestry, Mining and Energy Union

[2014] FWCA 8506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9988)

VNT NATIONAL PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 28 NOVEMBER 2014

Application for approval of the VNT National 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 VNT National 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 5 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the VNT National Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. This matter was heard by the Fair Work Commission (FWC), an Australian industrial relations tribunal, which has jurisdiction to approve enterprise agreements. The agreement was proposed between VNT National Pty Ltd, an employer in the building and construction industry, and the CFMEU, a union representing workers in various sectors, including construction.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was fairly negotiated, provided for appropriate processes for the resolution of disputes, and was in the best interests of the employees it covered. Additionally, the FWC needed to assess whether the agreement met the "better off overall test" (BOOT), ensuring that the employees would be no worse off and, in most cases, better off with the agreement than without it.

In reaching its decision, the FWC considered the evidence and submissions from both parties. It examined the negotiation process, the provisions of the agreement, and the potential impact on the employees. The FWC concluded that the agreement was fairly negotiated and provided adequate dispute resolution mechanisms. Furthermore, it found that the agreement satisfied the BOOT, as most employees would be better off with the new agreement compared to their previous conditions. Consequently, the FWC approved the VNT National Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

The FWC's final order was the approval of the enterprise agreement, allowing it to take effect from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment relationship between VNT National Pty Ltd and the covered employees, subject to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established