DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7679)

ALFAMEX PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 DECEMBER 2016

Application for approval of the Alfamex Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Alfamex Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector 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 27 December 2016. 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 case involved an application for approval of an enterprise agreement between Alfamex Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The applicant sought approval of the agreement under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, which has jurisdiction over such matters under Australian labour law.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was "better off overall" for the employees it covered, and if it complied with the "no disadvantage test". This required the Commission to assess whether the terms of the agreement provided benefits to the employees that outweighed any potential disadvantages, and whether it unfairly disadvantaged any group of employees when compared to the applicable award or general industrial conditions.

The Commission found that the enterprise agreement did provide benefits to the employees that outweighed any disadvantages. It offered a mix of higher wages, improved working conditions, and better access to training and development opportunities. The Commission was satisfied that the agreement was "better off overall" for the employees and complied with the "no disadvantage test". Consequently, the Commission approved the agreement, finding that it met the statutory requirements for endorsement.

The Fair Work Commission approved the Alfamex Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016 - 2018, effective from 1 July 2016.

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