DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6174)

CUBED CONCEPTS PTY LTD T/AS CUBED CONCEPTS 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 Cubed Concepts Pty Ltd T/As Cubed Concepts 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 Cubed Concepts Pty Ltd T/As Cubed Concepts 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

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CaseChat Overview and Summary

In the recent decision of Construction, Forestry, Mining and Energy Union, the Fair Work Commission was tasked with approving an enterprise agreement between Cubed Concepts Pty Ltd and the Construction, Forestry, Mining and Energy Union. The agreement, covering the period from 2016 to 2018, was proposed to govern the terms and conditions of employment for employees of Cubed Concepts Pty Ltd, operating under the trading name Cubed Concepts. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement was a "better off overall test" (BOOT) compliant agreement. This involves assessing if the proposed agreement provides employees with a minimum of the national minimum standards and whether it offers them a better overall package of wages and conditions compared to the applicable award or registered agreement. The Commission also needed to consider if the agreement complied with the procedural requirements set out in the Fair Work Act, including whether proper consultation had taken place and if the agreement had been fairly negotiated.

The Fair Work Commission determined that the proposed enterprise agreement did indeed comply with the BOOT, as it provided employees with wages and conditions that were at least on par with the applicable award. The Commission found that the agreement was fairly negotiated and that the parties had engaged in genuine consultation. The procedural requirements were also satisfied, with evidence provided that the agreement had been properly discussed and considered by the employees. Consequently, the Commission approved the enterprise agreement, confirming its compliance with all relevant legal standards.

As a result of the Commission's decision, the Cubed Concepts Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and is now in effect. The agreement will govern the terms and conditions of employment for the employees of Cubed Concepts Pty Ltd for the specified period, providing them with a set of wages and conditions that are at least on par with the applicable award and offering them a better overall package in comparison. This decision reinforces the importance of ensuring that enterprise agreements meet the necessary legal requirements and are the product of genuine negotiation and consultation between the parties involved.

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