DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/184)

COMCRAFT TRUST (THE TRUSTEE FOR) T/AS COMCRAFT CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 JANUARY 2017

Application for approval of the Comcraft Trust (The Trustee for) T/as Comcraft Constructions 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 Comcraft Trust (The Trustee for) T/as Comcraft Constructions 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 the 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 6 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

The parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Comcraft Constructions Pty Ltd. The dispute arose over the approval of the Comcraft Trust (the Trustee for) T/as Comcraft Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The case was heard by the Fair Work Commission of Australia.

The primary legal issues before the court involved the interpretation and application of the Fair Work Act 2009. The court had to determine whether the enterprise agreement in question complied with the statutory requirements and if it was in the best interests of the employees. The court also had to consider whether the agreement met the criteria for being a "better off overall test" and if it appropriately balanced the interests of both the employer and employees.

The Fair Work Commission found that the agreement did meet the statutory requirements set out in the Fair Work Act 2009. The court acknowledged that the agreement was an improvement on the previous one and that it provided better conditions for the employees. The court determined that the agreement passed the "better off overall test" and that it adequately balanced the interests of both parties. The court approved the enterprise agreement on the condition that certain amendments be made to address minor issues related to employee entitlements and working conditions.

The Fair Work Commission's final order was that the Comcraft Trust (the Trustee for) T/as Comcraft Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved, subject to the aforementioned amendments.

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