DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3317)

ENGINEERED FACADE SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 AUGUST 2017

Application for approval of the Engineered Facade Solutions 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 Engineered Facade Solutions 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 23 August 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Engineered Facade Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant union and the employer, Engineered Facade Solutions Pty Ltd, had reached an agreement on terms of employment, which they now sought to have approved as a legally binding enterprise agreement. The dispute was heard by the Fair Work Commission, a tribunal under the Fair Work Act 2009.

The primary legal issue was whether the proposed agreement met the requirements set out in the Fair Work Act for it to be approved as a valid enterprise agreement. This involved assessing whether the agreement was made in good faith and whether it covered the necessary provisions as outlined in the Act. Additionally, the Commission had to consider if the agreement met the criteria for being a "single interest" employer agreement and whether it complied with the "better off overall test" to ensure it did not disadvantage employees.

The Fair Work Commission found that the agreement was made in good faith and contained all necessary provisions as stipulated by the Act. It was determined to be a valid "single interest" employer agreement, as it covered employees of Engineered Facade Solutions Pty Ltd and was not subject to any pre-existing enterprise agreements. The Commission also concluded that the agreement passed the "better off overall test," as it provided employees with at least the minimum entitlements of the relevant award and did not disadvantage them. Consequently, the Commission approved the agreement, making it a legally binding enterprise agreement.

In its decision, the Fair Work Commission approved the Engineered Facade Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The approval was based on the determination that the agreement was made in good faith, contained all necessary provisions, was a valid "single interest" employer agreement, and satisfied the "better off overall test." This decision allows the agreement to take effect and govern the terms of employment between the union and the employer for the specified period.

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