DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3858)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 SEPTEMBER 2017

Application for approval of the Intex (Vic) 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 INTEX (VIC) 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 (CFMEU) 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 11 September 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

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Intex (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The enterprise agreement in question was for the period 2016 to 2018 and was subject to the scrutiny of the Fair Work Commission to determine its compliance with the Fair Work Act 2009.

The primary legal issues addressed by the Fair Work Commission were whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act, including whether it provided for the fair and reasonable terms and conditions of employment, and whether it was free from any provisions that would be contrary to public policy. Specifically, the Commission needed to assess the agreement's compliance with the 'better off overall test' (BOOT) and ensure that it did not contain any terms that could be considered to contravene any relevant legislation or public policy.

In examining the application, the Fair Work Commission took into account various submissions and evidence provided by both parties. The Commission found that the enterprise agreement provided for fair and reasonable terms and conditions of employment, and that it passed the better off overall test. The Commission also noted that the agreement did not contain any terms that contravened public policy or any relevant legislation. Consequently, the Fair Work Commission approved the enterprise agreement, finding that it met all the necessary statutory requirements for approval.

The Fair Work Commission's decision was that the Intex (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved, effective from the date of the Commission's determination. This decision provided certainty and clarity to both parties regarding the terms and conditions of employment covered by 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