DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6003)

AUSSIE LIFT & SHIFT (MLB) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MASTER CLIMBING ACCESS EQUIPMENT ENTERPRISE AGREEMENT 2016 -2018

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

Application for approval of the Aussie Lift & Shift (MLB) Pty Ltd and the CFMEU (Victorian Construction and General Division) Master Climbing Access Equipment Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Aussie Lift & Shift (MLB) Pty Ltd and the CFMEU (Victorian Construction and General Division) Master Climbing Access Equipment 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 matter before the Fair Work Commission involved an application for approval of the Aussie Lift & Shift (MLB) Pty Ltd and the CFMEU (Victorian Construction and General Division) Master Climbing Access Equipment Enterprise Agreement 2016-2018. The primary dispute centred on the fairness and compliance of the proposed agreement with the relevant labour laws and standards. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement contained appropriate terms and conditions for the employees, if the agreement was made in good faith, and if it met the "better off overall test". The Commission also had to consider whether the agreement complied with the "no disadvantage test" and whether it adhered to the requirements of the Fair Work Act regarding enterprise agreements. The applicant had to demonstrate that the agreement provided for fair and reasonable terms that were not less favourable than the applicable awards or existing agreements.

In reaching its decision, the Commission examined the terms and conditions of the proposed agreement in detail, considering the input from both the employer and the union. The Commission found that the agreement was fair and balanced, meeting all the necessary legal requirements. The agreement was deemed to be made in good faith and passed the "better off overall test" as it provided employees with terms and conditions that were not less favourable than those they would have under the applicable awards. Additionally, the agreement was found to comply with the "no disadvantage test" and all statutory requirements. Based on this analysis, the Commission approved the agreement, finding it to be fair and compliant with the relevant legislation.

The Fair Work Commission approved the Aussie Lift & Shift (MLB) Pty Ltd and the CFMEU (Victorian Construction and General Division) Master Climbing Access Equipment Enterprise Agreement 2016-2018, confirming that it met all necessary legal criteria and standards. The agreement was found to be fair, made in good faith, and compliant with the Fair Work Act, ensuring that the employees would be covered by terms and conditions that were not less favourable than those provided by applicable awards.

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