DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7122)

CIVIL ASSIST AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PILING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 28 NOVEMBER 2016

Application for approval of the Civil Assist Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Civil Assist Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Piling 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 5 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

In this matter, Civil Assist Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) sought approval of the Piling Enterprise Agreement 2016-2018. The application was made to the Fair Work Commission, which is the body responsible for approving enterprise agreements under the Fair Work Act 2009. The agreement, if approved, would govern the terms and conditions of employment for workers in the piling industry in Victoria.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval, including compliance with the 'better off overall test' and the 'no unprotected workers test'. These tests ensure that the agreement provides employees with at least the same terms and conditions as their previous agreement or the applicable award, and that all workers covered by the agreement are protected by minimum terms and conditions. Additionally, the Commission considered whether the agreement was genuinely negotiated and whether it complied with procedural requirements.

In determining the application, the Commission examined the evidence provided by both parties. It found that the agreement had been genuinely negotiated and met the 'better off overall test' as it offered employees improved terms and conditions compared to their previous agreement and the applicable award. The Commission also concluded that the agreement satisfied the 'no unprotected workers test', ensuring that all workers were covered by minimum terms and conditions. Furthermore, the Commission was satisfied that the procedural requirements for the negotiation and approval of the agreement had been met. Therefore, the Commission approved the Piling Enterprise Agreement 2016-2018.

The Fair Work Commission approved the Piling Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement now governs the terms and conditions of employment for workers in the piling industry in Victoria, providing them with the improved terms and conditions negotiated between the parties.

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