DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1143)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 APRIL 2017

Application for approval of the Intersign 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 Intersign 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 19 April 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 Construction, Forestry, Mining and Energy Union sought approval for the Intersign Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application for approval was made by the union to the Fair Work Commission under the Fair Work Act 2009. The nature of the dispute involved the union's application for the agreement to be registered and approved by the Commission, which would make it a legally binding enterprise agreement.

The central legal issue the court had to determine was whether the enterprise agreement complied with the requirements of the Fair Work Act, specifically whether it met the criteria for being a "better off overall test" (BOOT) agreement. This test ensures that the employees are no worse off financially and have at least one non-financial benefit. The court also needed to assess whether the agreement was made in good faith and whether it complied with the provisions of the Act that protect the rights of employees.

The Fair Work Commission found that the enterprise agreement satisfied the requirements of the Fair Work Act. The agreement provided for a fair and reasonable outcome for employees, met the BOOT, and was made in good faith. The Commission concluded that the agreement complied with the provisions of the Act, including those that protect the rights of employees. The court noted that the agreement included provisions for minimum wage rates, penalty rates, leave entitlements, and other benefits that were considered fair and reasonable. Additionally, the agreement included provisions for dispute resolution mechanisms that were accessible and effective.

The Fair Work Commission approved the Intersign Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, making it a legally binding enterprise agreement. The decision of the Commission was that the agreement met all the necessary requirements under the Fair Work Act and was in the best interests of the employees. The Commission's decision was based on a thorough review of the agreement and the evidence presented by both parties. The approval of the agreement ensures that the employees covered by the agreement are protected by a fair and reasonable set of terms and conditions of employment.

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