DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5649)

FANNING, PADRAIG T/AS PFI TOOL SUPPLIES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 DECEMBER 2016

Application for approval of the Fanning, Padraig T/As PFI Tool Supplies 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 Fanning, Padraig T/As PFI Tool Supplies 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 20 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 applicants, Fanning, Padraig T/As PFI Tool Supplies and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval of their enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, with the employer opposing the application on the basis that the agreement did not meet the ‘better off overall test’ and contained unfair provisions. The union argued that the agreement was fair and met the requirements of the Act.

The central legal issue before the Commission was whether the enterprise agreement was fair and met the statutory requirements of the Fair Work Act, including the ‘better off overall test’ and the absence of unfair provisions. The Commission had to assess the terms of the agreement against these criteria, considering the overall balance of benefits and detriments to the employees, and whether any provisions were unfair.

In reaching its decision, the Fair Work Commission noted that the agreement provided for a range of benefits to employees, including wage increases, improved conditions, and the establishment of a grievance and dispute resolution process. The Commission found that the agreement met the ‘better off overall test’, as the overall balance of benefits and detriments to the employees was positive. The Commission also found that the agreement did not contain any unfair provisions, as all terms and conditions were fair and reasonable in all respects. Therefore, the application for approval was granted.

The Fair Work Commission approved the enterprise agreement, finding that it met the requirements of the Fair Work Act, including the ‘better off overall test’ and the absence of unfair provisions. The employer’s opposition to the application was dismissed.

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