Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 3933

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/1284)

SELECT GROUP NSW PTY LTD/CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 13 JUNE 2014

Application for approval of the Select Group NSW Pty Ltd/CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Select Group NSW 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 court involved an application for the approval of a collective agreement between the Select Group NSW Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period of 2014 to 2017. The application was brought under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the requirements for being a "better off overall test" (BOOT) agreement, which ensures that employees are not worse off under the new agreement compared to their existing conditions.

The primary legal issue was whether the agreement provided sufficient evidence to demonstrate that employees would be better off overall under the terms of the new collective agreement. This involved examining the terms of the agreement, the evidence provided by the applicants, and the application of relevant provisions of the Fair Work Act. The court had to determine whether the evidence submitted was adequate to show that the employees would experience a net benefit from the agreement.

The court found that the applicants had failed to provide sufficient evidence to meet the BOOT requirement. The evidence presented was insufficient to demonstrate that employees would be better off overall. The court emphasised the importance of detailed and specific evidence in establishing compliance with the BOOT provision. Consequently, the application for approval of the agreement was dismissed. The court’s decision was grounded in the necessity for clear and comprehensive evidence to support the claim that employees would benefit from the terms of the proposed agreement.

The court ordered that the application for the approval of the Select Group NSW Pty Ltd/CFMEU Collective Agreement 2014-2017 be dismissed. The decision highlights the importance of thorough evidence in meeting the BOOT requirement under the Fair Work Act.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established