DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2995)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 AUGUST 2017

Application for approval of the Floorprep 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 Floorprep 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 9 August 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for the approval of the Floorprep Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission was tasked with reviewing the application. The union and the employer sought the Commission’s approval of the terms and conditions of the proposed enterprise agreement. The agreement in question contained various terms and conditions relating to employment, remuneration, and working conditions for employees within the specified industries.

The primary legal issues before the Commission were whether the enterprise agreement complied with the requirements set out in the Fair Work Act 2009 and whether it met the 'better off overall test'. This test ensures that employees are no worse off financially and have at least the same conditions as those previously applicable, with no detriment to their employment terms. Additionally, the Commission needed to assess if the agreement was made in good faith and whether it was free from any unlawful content.

The Fair Work Commission found that the proposed agreement was in compliance with the statutory requirements and met the 'better off overall test'. The Commission considered the overall financial and non-financial benefits provided by the agreement and determined that employees would not be worse off overall. The agreement was also found to have been made in good faith and contained no unlawful provisions. Consequently, the Commission approved the enterprise agreement, recognising its adherence to the legal standards and its beneficial impact on the employees.

The final orders of the Commission were that the Floorprep Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved as a registered agreement under the Fair Work Act 2009. This approval was effective from the date of the Commission’s decision, ensuring that the terms and conditions set out in the agreement would govern the employment relationship between the parties 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