DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5864)

DELLA PRECAST (AUST) 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, 27 SEPTEMBER 2016

Application for approval of the Della Precast (Aust) 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 Della Precast (Aust) 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 4 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 applicants in this case, Della Precast (Aust) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval for the Precast Panel Enterprise Agreement 2016-2018 under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, the body responsible for regulating workplace relations and enterprise agreements in Australia.

The central legal issue before the Commission was whether the proposed agreement met the criteria for registration under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was "better off overall" for the employees it covered, in accordance with the provisions of the Act. This involved assessing the agreement's terms and conditions, including wages, hours of work, and other employment-related matters, to ensure they were fair and reasonable.

The Commission carefully examined the contents of the proposed agreement, taking into account the submissions from both parties and relevant evidence. After considering the various factors, the Commission concluded that the agreement did indeed meet the statutory requirements for registration. It found that the agreement provided for a fair and reasonable set of terms and conditions for the employees, and that it was better off overall for them. Consequently, the Commission approved the Della Precast (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018, enabling it to come into effect and regulate the employment relationship between the parties for the specified period.

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