DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5659)

CIVIL FORMWORX GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 DECEMBER 2017

Application for approval of the Civil Formworx Group 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 Civil Formworx Group 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 8 December 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of an enterprise agreement between Civil Formworx Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement in question was the Enterprise Agreement 2016-2018, which was proposed to replace the existing enterprise agreement that was due to expire. The union and the employer sought the Commission’s approval to ensure the new agreement would be legally binding and enforceable.

The primary legal issues that the Commission needed to address were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for a "better off overall test" (BOOT). This test ensures that no employee would be worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission examined whether the agreement appropriately covered the essential terms and conditions of employment and adhered to the procedural requirements stipulated by the Act.

The Fair Work Commission concluded that the proposed enterprise agreement satisfied all statutory requirements. The Commission determined that the agreement was fair and appropriate, particularly in light of the BOOT, which was met as none of the employees would be disadvantaged under the new terms. Furthermore, the agreement was found to cover all necessary employment terms and was procedurally sound. Consequently, the Commission approved the Enterprise Agreement 2016-2018, rendering it legally binding and enforceable between the parties.

As a result of the Commission's approval, the Enterprise Agreement 2016-2018 became effective, governing the terms and conditions of employment for the employees of Civil Formworx Group Pty Ltd under the auspices of the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018.

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