DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6949)

SEELITE UNIT TRUST (THE TRUSTEE FOR) T/AS SEELITE WINDOWS & DOORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 NOVEMBER 2016

Application for approval of the Seelite Unit Trust (The Trustee for) T/As Seelite Windows & Doors 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 Seelite Unit Trust (The Trustee for) T/As Seelite Windows & Doors 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 24 November 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 involved an application by the Seelite Unit Trust, trading as Seelite Windows & Doors Pty Ltd, for approval of the Enterprise Agreement between the Trust and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The applicant sought to have the agreement approved by the Commission under the Fair Work Act 2009. The Union supported the application, while the Australian Building and Construction Commission argued against it, contending that the agreement did not meet the 'better off overall test' as prescribed by the legislation.

The principal legal issues before the Commission were whether the proposed Enterprise Agreement provided for employees who were better off overall when compared to the applicable award or safety net award provisions and whether the agreement complied with the procedural requirements under the Act. The Commission needed to determine if the terms of the agreement were fair and reasonable, and whether the necessary procedural steps had been followed correctly by the parties.

In making its decision, the Commission examined the terms of the proposed agreement in detail, including wages, conditions, and other provisions. The Commission found that the agreement did meet the better off overall test, as the overall package of wages and conditions provided for in the agreement was more favourable than what the applicable award provided. The Commission also found that the necessary procedural steps had been followed by the parties, and therefore the application for approval of the agreement should be granted. The Commission approved the Enterprise Agreement on the basis that it was fair and reasonable and met the statutory requirements.

Accordingly, the Fair Work Commission approved the Seelite Unit Trust (The Trustee for) T/As Seelite Windows & Doors Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. This decision provides clarity for employers and employees in the relevant industry regarding the terms of employment under the approved Enterprise Agreement.

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