DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7088)

ASK CONSTRUCTIONS PL & VRSELJA PL T/AS HIGHRISE CARPENTRY AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Ask Constructions PL & Vrselja PL T/As Highrise Carpentry 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 Ask Constructions PL & Vrselja PL T/As Highrise Carpentry 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 2 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union and Ask Constructions PL & Vrselja PL T/As Highrise Carpentry, the Fair Work Commission (FWC) was tasked with approving an enterprise agreement. The dispute arose between the union and the employer, with the union representing the employees and the employer representing the business interests of the company. The enterprise agreement in question was for the period of 2016 to 2018, and the union sought the FWC's approval to formalise the terms and conditions of employment for the workers involved.

The central legal issues before the FWC were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it met the criteria for being a "better off overall test" (BOOT) agreement. The BOOT test assesses whether the proposed agreement is more advantageous to the employees than the applicable minimum standards. The FWC had to consider whether the agreement provided for appropriate pay rates, conditions, and other entitlements for the workers, and if it was fair and reasonable in all its terms.

The FWC determined that the enterprise agreement complied with the requirements of the Fair Work Act and met the BOOT criteria. The FWC found that the agreement provided for fair and reasonable terms and conditions, and that the employees would be better off overall with the proposed agreement than under the applicable minimum standards. The FWC approved the enterprise agreement, allowing it to take effect from the specified period of 2016 to 2018. The FWC's decision provided certainty for both the union and the employer, ensuring that the terms and conditions of employment were fair and balanced for all parties involved.

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