DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6192)

TOPPI GROUP T/AS OMNI-SEAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the Toppi Group T/As Omni-Seal 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 Toppi Group T/As Omni-Seal 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 17 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 by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Toppi Group T/As Omni-Seal Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred on the terms of the proposed enterprise agreement, specifically whether it complied with the relevant provisions of the Fair Work Act 2009. The parties contested the fairness and appropriateness of certain clauses, including those related to wages, working conditions, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the enterprise agreement met the 'better off overall test' as outlined in the Fair Work Act. This test requires that the agreement, if approved, should provide employees with a minimum of 15% improvement in pay and conditions compared to the applicable award or registered agreement. Additionally, the Commission needed to consider whether the agreement was fair and reasonable in all its terms and whether it provided an appropriate framework for the resolution of workplace disputes. The parties presented arguments and evidence regarding the adequacy of the proposed terms and conditions, as well as the overall fairness of the agreement.

In its decision, the Fair Work Commission examined the evidence and submissions provided by both parties. The Commission determined that the proposed enterprise agreement did indeed provide a significant improvement in terms and conditions for the employees, meeting the better off overall test. The Commission also found that the agreement was fair and reasonable, providing an appropriate framework for resolving workplace disputes. The Commission concluded that the agreement should be approved, as it provided a better outcome for the employees than the applicable award or registered agreement.

As a result of the Commission's decision, the Toppi Group T/As Omni-Seal Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and registered under the Fair Work Act. The agreement will now govern the employment terms and conditions of the employees covered by the agreement 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