DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6603)

TSSD PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2016

Application for approval of the TSSD 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 TSSD 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 28 October 2016 and, in accordance with s.54, will operate from 4 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 case between TSSD PTY LTD and the CFMEU (Victorian Construction and General Division) involved an application for the approval of an enterprise agreement for the years 2016 to 2018. The matter was heard in the Fair Work Commission of Australia. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement and whether it complied with the relevant legislative framework, specifically the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated, if it contained provisions that were not reasonably necessary for the operation of a fair and efficient workplace, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also had to determine if the agreement met the "better off overall test" to ensure that employees were not disadvantaged by the agreement.

The Commission examined the negotiation process and found that the agreement was genuinely negotiated between the parties. It assessed the terms and conditions of the agreement against the statutory requirements, finding that the provisions were reasonable and necessary for the operation of a fair and efficient workplace. The Commission concluded that the agreement satisfied the better off overall test, as employees would be better off with the agreement in place compared to the applicable awards or other agreements. Consequently, the Fair Work Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the TSSD PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, subject to certain conditions and effective from the date of the decision.

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