Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 4307

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/3044)

EB Marketing Pty Ltd t/a Corporate Floor Melbourne and CFMEU Enterprise Agreement 2016

Building, metal and civil construction industries
Commissioner McKinnon	MELBOURNE, 17 AUGUST 2017

Application for approval of the EB Marketing Pty Ltd t/a Corporate Floor Melbourne and CFMEU Enterprise Agreement 2016.

An application has been made for approval of an enterprise agreement known as the EB Marketing Pty Ltd t/a Corporate Floor Melbourne and CFMEU Enterprise Agreement 2016 (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.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2017. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for the EB Marketing Pty Ltd t/as Corporate Floor Melbourne and CFMEU Enterprise Agreement 2016. The dispute arose over the terms and conditions of employment for employees within the corporate floor services sector in Melbourne. The union argued that the proposed agreement would fairly represent the employees, while EB Marketing Pty Ltd contested certain provisions of the agreement.

The primary legal issues before the court involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included examining if the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely bargained between the parties. The court also needed to determine if the agreement met the 'better off overall test' to ensure employees were not worse off financially under the new terms.

The Fair Work Commission examined the evidence presented by both parties and assessed the agreement's provisions against the legislative criteria. The court considered the nature of the industry, the bargaining process, and the impact of the agreement on employees. It found that the agreement, while not perfect, provided a fair and reasonable set of terms and conditions for the employees, and met the better off overall test. Consequently, the Commission approved the agreement, noting areas for potential improvement in future negotiations.

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