DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7181)

MELBOURNE BUILDING SERVICES (AUSTRALIA) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 DECEMBER 2016

Application for approval of the Melbourne Building Services (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 Melbourne Building Services (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 8 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 parties in this case are the Construction, Forestry, Mining and Energy Union (CFMEU) and Melbourne Building Services (Australia) Pty Ltd. The nature of the dispute is an application for the approval of an enterprise agreement between the two parties. The court involved is the Fair Work Commission (FWC). The legal issues the court was required to decide are whether the enterprise agreement meets the criteria for approval under the Fair Work Act 2009 and whether the agreement is in the best interests of the employees.

The court considered the criteria for approval under the Fair Work Act 2009, including whether the agreement provides for a fair and efficient system of employee representation and whether the agreement is certified as genuine by a certified bargaining representative. The court also considered whether the agreement was in the best interests of the employees, taking into account the overall benefits and detriments of the agreement. The court found that the agreement met the criteria for approval and was in the best interests of the employees. The court was satisfied that the agreement provided for a fair and efficient system of employee representation and that the agreement was certified as genuine.

The court approved the Melbourne Building Services (Australia) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding that it met the criteria for approval and was in the best interests of the employees. The agreement provides for a fair and efficient system of employee representation and was certified as genuine by a certified bargaining representative. The court found that the overall benefits of the agreement outweighed any detriments and that the agreement was in the best interests of the employees. The court also noted that the agreement included provisions for the protection of employees' health and safety and provided for fair and reasonable terms and conditions of employment.

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