DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6008)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 OCTOBER 2016

Application for approval of the AUSTRALIAN PRECAST PTY LTD and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the AUSTRALIAN PRECAST 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 10 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 involved an application for the approval of a specific enterprise agreement between Australian Precast Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). This application was made to the Fair Work Commission under the Fair Work Act 2009. The central dispute concerned the validity and fairness of the terms and conditions outlined in the Precast Panel Enterprise Agreement for the years 2016 to 2018.

The primary legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act, specifically whether it was a "better off overall test" agreement and whether it was free from any unlawful content. The court had to determine if the agreement provided employees with conditions that were no worse than the relevant awards and if it contained any provisions that were contrary to the Act. Additionally, the court examined if the agreement was genuinely negotiated between the parties and if the process of negotiation was fair and appropriate.

The Fair Work Commission found that the agreement was indeed fair and met the necessary statutory requirements. It was determined that the agreement was genuinely negotiated between the parties, and the process was deemed to be fair. The commission concluded that the agreement satisfied the "better off overall test," meaning that employees would be better off under the agreement compared to the relevant awards. The court also found that the agreement contained no unlawful provisions and was in compliance with all relevant sections of the Fair Work Act. Consequently, the commission approved the application for the Precast Panel Enterprise Agreement.

In light of the findings, the Fair Work Commission approved the application for the Precast Panel Enterprise Agreement 2016-2018. This decision meant that the agreement was now legally binding between Australian Precast Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the specified period. The approval signified that the agreement provided fair terms and conditions for employees and complied with the necessary statutory requirements under the Fair Work Act.

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