DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3020)

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

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 4 AUGUST 2017

Application for approval of the WM Fix 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 WM Fix 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 11 August 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 parties in this case were WM Fix Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was regarding the approval of the Enterprise Agreement 2016-2018. The case was heard by the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009.

The central legal issue was whether the agreement met the requirements of section 231 of the Act, specifically whether it was a "better off overall test" agreement. The court had to determine if the agreement provided a sufficient safety net for employees, and if it allowed for fair and flexible working arrangements. The dispute also involved whether the agreement adequately addressed the interests of both employers and employees, and if it complied with all relevant provisions of the Fair Work Act.

In reaching its decision, the Commission examined the provisions of the agreement and the submissions from both parties. It considered whether the agreement provided for a safety net that was at least as good as the applicable award, and if it allowed for flexibility in working arrangements. The Commission found that the agreement met the requirements of the Act, providing adequate protections and flexibility. It also found that the agreement was fair and reasonable, taking into account the interests of both employers and employees.

The Fair Work Commission approved the Enterprise Agreement 2016-2018, finding that it met the necessary legal standards. The agreement was deemed to be a "better off overall test" agreement, providing a sufficient safety net and allowing for fair and flexible working arrangements. The decision affirmed that the agreement was fair and reasonable, and complied with all relevant provisions of the Fair Work Act.

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