DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5105)

SKYVIEW DESIGN & BUILD PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 NOVEMBER 2017

Application for approval of the Skyview Design & Build 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 Skyview Design & Build 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 13 November 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of an enterprise agreement between Skyview Design & Build Pty Ltd and the union's Victorian Construction and General Division. The union and the employer had entered into a new enterprise agreement for a period of two years, from 2016 to 2018. The agreement addressed various employment terms, including wages, conditions, and dispute resolution mechanisms.

The primary legal issue the Commission had to resolve was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the "better off overall test" (BOOT), which ensures that the employees are not disadvantaged by the terms of the agreement compared to their previous conditions. Additionally, the Commission examined whether the agreement contained provisions that were contrary to public policy or contravened any other applicable laws.

The Commission found that the agreement satisfied the BOOT requirement, as it provided employees with a better overall package of pay and conditions compared to their previous enterprise agreement. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy or any other laws. Therefore, the Commission approved the enterprise agreement, finding it to be fair and reasonable.

The Commission's final order was that the Skyview Design & Build Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act 2009. The agreement came into effect on the date of the Commission's decision, and the parties were bound by its terms for the duration of the agreement.

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