DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5615)

CLADTECH AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2017

Application for approval of the CLADTECH AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the CLADTECH AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy Union 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 of the Act, will operate from 19 December 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of an enterprise agreement between CLADTECH AUSTRALIA PTY LTD and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The union sought approval of the agreement, which was aimed at regulating employment terms and conditions within the specified period. The Fair Work Commission, exercising its jurisdiction under the Fair Work Act 2009, was tasked with evaluating whether the agreement met the requirements for registration, including ensuring it provided for the “better off overall test” and did not contain terms that would undermine the safety net of entitlements.

The primary legal issues before the Commission were whether the enterprise agreement complied with the statutory requirements, including the "better off overall test" and whether it contained any terms that were contrary to public policy or contrary to the safety net of minimum entitlements. The Commission also needed to consider if the agreement was genuinely negotiated and if it met the standards of procedural fairness. Additionally, the Commission examined whether the agreement was consistent with the broader objectives of the Fair Work Act, such as promoting harmonious, productive and cooperative workplace relations.

In delivering its decision, the Fair Work Commission examined the provisions of the proposed agreement in detail. The Commission found that the agreement satisfied the "better off overall test" as it provided employees with improved terms and conditions compared to the applicable award or general law. The Commission also determined that the agreement did not contain any terms that were contrary to public policy or undermined the safety net of minimum entitlements. Furthermore, the Commission was satisfied that the agreement had been genuinely negotiated and that it met the standards of procedural fairness. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with all relevant legal requirements.

The Fair Work Commission approved the enterprise agreement between CLADTECH AUSTRALIA PTY LTD and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. This approval ensures that the agreement will regulate employment terms and conditions within the specified timeframe, provided it remains compliant with the statutory requirements and objectives of the Fair Work Act.

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