DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/543)

FORCE CONSTRUCTIONS HYBRIB TRUST (AS TRUSTEE FOR) T/AS FORCE CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 23 MARCH 2018

Application for approval of the Force Constructions Hybrib Trust (As Trustee For) T/As Force Constructions 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 Force Constructions Hybrib Trust (As Trustee For) T/As Force Constructions 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 30 March 2018. 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 case before the court involved an application for approval of an enterprise agreement between Force Constructions Hybrid Trust, trading as Force Constructions Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was made under the Fair Work Act 2009, seeking the Fair Work Commission's approval of the terms and conditions outlined in the agreement. The primary dispute centred around whether the agreement met the legal requirements for registration and approval under the Fair Work Act, specifically whether it was a "better off overall test" compliant agreement.

The legal issues that the court needed to resolve included whether the proposed agreement complied with the statutory provisions of the Fair Work Act, particularly regarding the "better off overall test" and whether it adhered to the procedural requirements for enterprise agreements. The court also had to consider whether the agreement appropriately balanced the interests of the employees and the employer, ensuring it did not unfairly disadvantage either party.

The Fair Work Commission, in its decision, meticulously examined the provisions of the agreement and the submissions from both parties. It found that the agreement did meet the "better off overall test" as it provided a fair balance of benefits and detriments to the employees, taking into account their overall economic position. The Commission also determined that the agreement complied with the procedural requirements and was not flawed in a manner that would invalidate it. Consequently, the Commission approved the enterprise agreement, finding it to be in compliance with the relevant statutory provisions.

In summary, the Fair Work Commission approved the enterprise agreement, finding it to be compliant with the Fair Work Act. The decision was based on the determination that the agreement satisfied the "better off overall test" and adhered to the necessary procedural requirements. The court's ruling ensured that the agreement would be legally binding between the employer and the union, thus providing a stable framework for the employment conditions in the specified industry.

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