DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/353)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 FEBRUARY 2017

Application for approval of the King Marble Australia 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 King Marble Australia 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 22 February 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 Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of the King Marble Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. King Marble contested the application, arguing the agreement did not meet the 'better off overall test'. The dispute centred on whether the proposed conditions in the agreement would result in employees being better off overall than their current entitlements under the relevant industrial award.

The primary legal issue before the Commission was whether the agreement provided employees with conditions that were not less favourable than those provided for in the applicable award, and whether it met the 'better off overall test'. This involved assessing the financial benefits and other terms and conditions of employment against the relevant award provisions. The Commission had to determine whether the agreement's provisions on wages, hours, leave, and other entitlements were indeed better for the employees than what was provided for in the award.

After considering submissions from both parties and reviewing the terms of the agreement, the Fair Work Commission found that the agreement did meet the 'better off overall test'. The Commission determined that the financial benefits and other conditions provided for in the agreement were superior to those in the award, thereby ensuring employees would be better off overall. The Commission approved the agreement based on this finding.

The Fair Work Commission approved the King Marble Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, confirming it met the legal requirements for approval. The decision was based on the comprehensive analysis that the agreement provided employees with better financial and other employment conditions compared to their entitlements under the applicable award.

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