DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6170)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the CDL Constructions 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 CDL Constructions 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 14 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 involves an application for the approval of an enterprise agreement between CDL Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The application was brought before the Fair Work Commission (FWC). The dispute revolves around whether the agreement should be approved under the Fair Work Act 2009. The legal issues before the court were whether the agreement met the requirements for "better off overall" and "no disadvantaged" tests. Additionally, the court had to determine if the agreement was fairly negotiated and if it complied with the relevant provisions of the Fair Work Act.

The FWC considered the "better off overall" test, which required that the employees were better off overall under the new agreement than they would have been without it. The court also evaluated if any employee was disadvantaged by the agreement. The FWC noted the union's submission that the agreement was fairly negotiated and met the requirements of the Act. The FWC found that the agreement satisfied the "better off overall" test and did not disadvantage any employee. The FWC also considered the fairness of the agreement, including the parties' conduct during the negotiation process. The FWC concluded that the agreement was fairly negotiated and complied with the Fair Work Act.

The FWC approved the enterprise agreement, finding it met the statutory requirements. The agreement was found to be fairly negotiated, and all employees were better off overall with no employees disadvantaged. The FWC emphasised the importance of the agreement in providing a stable and predictable working environment for employees and employers. The FWC also noted the benefits of the agreement in terms of improved productivity and efficiency in the workplace. The FWC's decision was based on a thorough analysis of the evidence and the law. The final orders of the FWC were that the enterprise agreement between CDL Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018 was approved.

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