DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6203)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Steelvision 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 Steelvision 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 20 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Steelvision Pty Ltd, which sought approval of their Enterprise Agreement 2016-2018. The dispute was heard by the Fair Work Commission (FWC), which was tasked with determining whether the agreement met the statutory requirements for approval. The CFMEU and Steelvision argued that the agreement, which included provisions on wages, working hours, and employee benefits, was fair and reasonable for the employees covered by the agreement. They contended that the agreement was the result of good faith negotiations and provided for a fair and equitable resolution of workplace issues.

The legal issues before the FWC involved assessing whether the agreement satisfied the criteria set out in the Fair Work Act 2009. These criteria included whether the agreement provided for the proper determination of terms and conditions of employment, and whether it was free from any coercion or undue influence. The FWC also considered whether the agreement met the 'better off overall test', which required that the employees be no worse off financially and preferably better off under the agreement than they would be under the applicable awards or other industrial instruments.

In reaching its decision, the FWC examined the evidence and arguments presented by both parties. It took into account the nature of the negotiations, the extent to which the agreement provided for fair and reasonable terms and conditions of employment, and the overall impact of the agreement on the employees. The FWC found that the agreement met the statutory requirements and approved it, noting that it provided for fair and reasonable terms and conditions of employment and was the product of genuine negotiations. The FWC also concluded that the agreement satisfied the better off overall test, as employees would be better off financially under the agreement compared to the applicable awards.

The FWC's approval of the Enterprise Agreement 2016-2018 between Steelvision Pty Ltd and the CFMEU (Victorian Construction and General Division) was based on its finding that the agreement met the statutory requirements under the Fair Work Act 2009. The FWC determined that the agreement provided for the proper determination of terms and conditions of employment, was free from any coercion or undue influence, and satisfied the better off overall test. As a result, the agreement was approved and will govern the employment conditions of the employees covered by it for the specified period.

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