DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/733)

EMBELTON CONTRACTING PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

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

Application for approval of the Embelton Contracting Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Embelton Contracting Pty Ltd and CFMEU Enterprise Agreement 2016 (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 March 2017. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Embelton Contracting Pty Ltd and CFMEU Enterprise Agreement 2016. The application was made under the Fair Work Act 2009. The primary dispute was whether the enterprise agreement met the "better off overall test" required for approval. The matter was heard in the Fair Work Commission.

The legal issues before the Commission included whether the terms of the enterprise agreement provided for a fair and reasonable balance of benefits and detriments for employees, ensuring they were no worse off than they would have been under the applicable award. This involved assessing the overall impact of the agreement on the employees, including considerations such as wages, conditions, and other employment terms.

The Fair Work Commission determined that the agreement met the better off overall test. The Commission found that the overall benefits provided to employees under the agreement outweighed any detriments, considering factors such as improved wages, conditions, and other employment terms. The Commission's decision was based on a comprehensive analysis of the agreement's provisions and their impact on the employees.

The Fair Work Commission approved the Embelton Contracting Pty Ltd and CFMEU Enterprise Agreement 2016, confirming its compliance with the Fair Work Act 2009. This decision allowed the agreement to come into effect, providing the outlined benefits and conditions to the employees involved.

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