DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4962)

LUXPLUS PTY LTD T/AS LIQUIDBOND AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 NOVEMBER 2017

Application for approval of the Luxplus Pty Ltd T/As Liquidbond 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 Luxplus Pty Ltd T/As Liquidbond 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 10 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 recent case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for the Luxplus Pty Ltd T/As Liquidbond and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought forward to determine the fairness and compliance of the proposed enterprise agreement with the requirements of the Fair Work Act 2009. The primary dispute centred around specific terms and conditions within the agreement that both parties claimed were either favourable or detrimental to their respective interests.

The legal issues before the Commission included whether the enterprise agreement met the "better-off, overall test" and whether it contained terms that were against the "public interest" as outlined in the Fair Work Act. Furthermore, the court had to ascertain whether the agreement was certified in accordance with the proper procedures, including whether the necessary employee and employer representatives had been consulted and whether the agreement was genuinely negotiated between the parties.

The Fair Work Commission undertook a thorough examination of the terms of the agreement and the processes leading to its certification. The Commission found that the agreement did indeed meet the better-off, overall test, as it provided for terms and conditions that were not less favourable than the applicable award or safety net award. Additionally, the Commission concluded that the agreement did not contravene the public interest provisions and was certified in a manner compliant with the procedural requirements of the Act. Consequently, the application for approval was granted, and the enterprise agreement was duly registered.

As a result of the Court's decision, the Luxplus Pty Ltd T/As Liquidbond and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 has been approved and is now in effect. The parties are bound by the terms and conditions of the agreement for the specified period, and any disputes arising from the agreement will be governed by its provisions.

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