DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6196)

MELBOURNE PRECAST CONCRETE NOMINEES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2016-2018 (THE AGREEMENT)

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

Application for approval of the Melbourne Precast Concrete Nominees Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018 (the Agreement).

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Precast Concrete Nominees Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel 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 court involved an application by Melbourne Precast Concrete Nominees Pty Ltd for approval of an enterprise agreement between the company and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement, titled the Precast Panel Enterprise Agreement 2016-2018, was subject to scrutiny and assessment to determine if it met the necessary legal standards and requirements. The court was tasked with examining the agreement to ensure that it complied with relevant industrial laws and provisions.

The primary legal issues that the court had to address included whether the agreement was genuinely a product of negotiations between the parties, if it contained all the required minimum terms and conditions as stipulated by the Fair Work Act, and if it passed the "better off overall test" (BOOT). This test required that employees under the agreement be no worse off than they would be under the applicable award or registered agreement. Additionally, the court had to consider if the agreement contained any unlawful content, and whether it was procedurally fair and just.

The court found that the agreement met the necessary requirements for approval. It was determined that the agreement was genuinely negotiated, contained all the required minimum terms and conditions, and passed the BOOT. The court also found that there was no unlawful content in the agreement, and that it was procedurally fair and just. The court approved the agreement, thereby allowing it to come into effect.

No further orders were made in this case. The court's approval of the agreement allows for its implementation and sets the terms and conditions for the employment of the employees covered by the agreement.

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