DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6332)

HAYS SPECIALIST RECRUITMENT (AUSTRALIA) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) LABOUR HIRE INDUSTRY ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Hays Specialist Recruitment (Australia) Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Hays Specialist Recruitment (Australia) Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry 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 21 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 case before the Fair Work Commission involved an application for approval of the Hays Specialist Recruitment (Australia) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018. The application was made by the union, and the employer contested the application on several grounds, including the argument that the agreement failed to meet the "better off overall test." The central issue before the Commission was whether the proposed enterprise agreement provided for terms and conditions that were at least as good as the relevant award or modern award and whether it was likely to be beneficial for the employees overall.

The Commission began its analysis by reviewing the terms of the proposed agreement and comparing them to the relevant award. It considered the impact of the agreement on various aspects of employment, including wages, hours of work, leave entitlements, and other conditions. The Commission also took into account the submissions and evidence presented by both parties, as well as any relevant economic and industry factors. The Commission found that the proposed agreement did meet the better off overall test, as it provided for improved terms and conditions for the employees compared to the relevant award, and it was likely to be beneficial for the employees overall. The Commission approved the proposed enterprise agreement, subject to certain minor modifications.

The Fair Work Commission's decision was based on a comprehensive analysis of the proposed enterprise agreement and the relevant award, as well as the submissions and evidence presented by both parties. The Commission found that the proposed agreement provided for improved terms and conditions for the employees, and it was likely to be beneficial for the employees overall. The Commission approved the proposed enterprise agreement, subject to certain minor modifications. This decision provides guidance for employers and unions when negotiating and approving enterprise agreements, and it highlights the importance of ensuring that any proposed agreement meets the better off overall test and provides for improved terms and conditions for employees.

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