DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/512)

SIRRAH 163 TRUST (THE TRUSTEE FOR) T/AS EARTHBOLT VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PILING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 MARCH 2017

Application for approval of the Sirrah 163 Trust (The Trustee for) T/As Earthbolt Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sirrah 163 Trust (The Trustee for) T/As Earthbolt Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling 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 10 March 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 the recent matter of the Sirrah 163 Trust (The Trustee for) T/As Earthbolt Vic Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), the Federal Court was asked to approve a new enterprise agreement between the two parties. The agreement in question was the Piling Enterprise Agreement 2016 - 2018, which sought to regulate the employment conditions of workers within the piling sector of Earthbolt Vic Pty Ltd.

The primary legal issue before the court was whether the agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the court had to consider whether the agreement was genuinely negotiated and whether it satisfied the "better off overall test". This test requires that the proposed agreement provides employees with at least the same conditions as those provided under the applicable award or previous enterprise agreement, or better conditions.

The court, in considering the matter, found that the agreement had been genuinely negotiated and met the requirements of the Fair Work Act. The agreement provided for a number of improvements to employee conditions, including increased wages, better leave entitlements, and enhanced health and safety provisions. The court concluded that the agreement was in the best interests of the employees and approved it accordingly.

The court's decision was significant in that it provided guidance on the application of the "better off overall test" and the requirements for genuine negotiation under the Fair Work Act. The court's approval of the agreement also provided certainty for both employers and employees within the piling sector of Earthbolt Vic Pty Ltd.

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