DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7383)

CAPITAL FORM LABOUR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 DECEMBER 2016

Application for approval of the Capital Form Labour 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 Capital Form Labour 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 14 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 matter before the Fair Work Commission was an application for approval of an enterprise agreement between Capital Form Labour Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was made under section 231 of the Fair Work Act 2009. The union and the employer were in dispute over the terms of the proposed agreement, specifically regarding the classification of employees and the conditions of employment.

The legal issues before the Commission were whether the enterprise agreement met the requirements of the Fair Work Act, including the provision for "no disadvantage" compared to the applicable awards and whether the agreement complied with the process for making an enterprise agreement. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it provided for appropriate mechanisms for the resolution of disputes.

The Fair Work Commission held that the enterprise agreement was in accordance with the requirements of the Fair Work Act. The Commission found that the agreement did not result in any employee being worse off in terms of their pay and conditions compared to the applicable award. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes and that it was in the best interests of the employees. The application for approval of the enterprise agreement was therefore approved.

The Fair Work Commission made an order approving the Capital Form Labour Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was approved as a registered agreement under section 176 of the Fair Work Act and will apply to the employees covered by the agreement 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