DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1644)

ENVIROFLEX PTY LTD T/AS ENVIROFLEX AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 MAY 2017

Application for approval of the Enviroflex Pty Ltd T/As Enviroflex 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 Enviroflex Pty Ltd T/As Enviroflex 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 29 May 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

In this matter, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of an enterprise agreement between Enviroflex Pty Ltd trading as Enviroflex and the CFMEU (Victorian Construction and General Division). The application was brought before the Fair Work Commission (FWC), as per the Fair Work Act 2009. The agreement in question, known as the Enviroflex Pty Ltd T/As Enviroflex and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, sought to establish terms and conditions of employment for the employees of Enviroflex Pty Ltd.

The legal issues before the FWC were whether the enterprise agreement met the requirements of section 232 of the Fair Work Act, specifically if it was a "better off overall test" agreement and if it was "not unsuitable" as per section 234 of the Act. The FWC examined the agreement's provisions for the employees' wages, hours of work, leave entitlements, and other employment terms. Additionally, the FWC had to ensure the agreement complied with the statutory minimum standards and did not adversely affect any employees' rights.

After reviewing the agreement, the FWC found that the agreement was fair and met the requirements of the Fair Work Act. The FWC confirmed that the agreement passed the "better off overall test" and was not unsuitable. The FWC noted the provisions of the agreement were fair and balanced, taking into account the interests of both the employees and the employer. The FWC approved the agreement, stating that it provided a fair and reasonable outcome for all parties involved.

In conclusion, the FWC approved the Enviroflex Pty Ltd T/As Enviroflex and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding it to be a fair and reasonable agreement that met the requirements of the Fair Work Act. The decision provides a useful reference for employers and employees in the construction, forestry, mining, and energy industries when negotiating and drafting enterprise agreements.

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