DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6430)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 OCTOBER 2016

Application for approval of the Deconstruct Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Deconstruct Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Demolition 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 the 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 31 October 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 applicant, Deconstruct Group Pty Ltd, sought approval of a proposed enterprise agreement from the Fair Work Commission. The agreement in question was the Demolition Enterprise Agreement 2016-2018. The respondent, the Construction, Forestry, Mining and Energy Union (CFMEU), contested the application. The dispute arose under the Fair Work Act 2009, with the Commission exercising its powers to approve the agreement and determine its terms. The central legal issues revolved around whether the proposed agreement met the criteria for approval under the Act, particularly in terms of its fairness and compliance with the relevant legislative provisions.

The Commission carefully examined the terms of the agreement, including the rights, obligations, and protections it afforded to employees. It considered the balance of rights and obligations between the parties and whether the agreement was in the interests of the employees it covered. The Commission also evaluated whether the agreement had been genuinely negotiated between the parties and whether it met the requirements for "better off overall" and "no disadvantage" tests. These tests ensure that the agreement provides employees with benefits that are at least as good as those provided by the applicable awards or other agreements.

After a thorough analysis, the Commission found that the proposed agreement was fair and met the criteria for approval. It determined that the agreement provided for a fair balance of rights and obligations, and that it was genuinely negotiated between the parties. The Commission also concluded that the agreement was in the interests of the employees it covered, and that it met the "better off overall" and "no disadvantage" tests. Accordingly, the application for approval was granted, and the Demolition Enterprise Agreement 2016-2018 was approved.

The Commission issued orders approving the agreement and setting out its terms. The approved agreement was to be registered with the Fair Work Commission and would have effect as a registered agreement under the Fair Work Act 2009. The agreement would apply to employees of Deconstruct Group Pty Ltd who were covered by the agreement, and would regulate their employment terms and conditions for the duration of the agreement. The orders also provided for the agreement to be available for inspection by the public and for any disputes arising under the agreement to be resolved through the Fair Work Commission's dispute resolution processes.

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