DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union; AMZ Projects Pty Ltd
(AG2016/7214)

AMZ PROJECTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 NOVEMBER 2016

Application for approval of the AMZ Projects Pty Ltd and the CFMEU(Victorian Construction and General Division) Plastering Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the AMZ Projects Pty Ltd and the CFMEU(Victorian Construction and General Division) Plastering 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 7 December 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 before the court involved an application for the approval of the Plastering Enterprise Agreement 2016-2018 between the Construction, Forestry, Mining and Energy Union (CFMEU) and AMZ Projects Pty Ltd. The matter was heard in the Fair Work Commission, where the primary focus was on whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The CFMEU represented the employees, while AMZ Projects Pty Ltd was the employer. The dispute centred on the terms of the proposed enterprise agreement and whether it complied with the legislative requirements designed to ensure fairness and reasonableness in employment conditions.

The key legal issues the court had to address included whether the agreement met the 'better off overall test' (BOOT) and if it adhered to the 'no disadvantage test' (NDT). The BOOT requires that the terms of the agreement must be at least as favourable as the applicable award or other relevant agreement. The NDT stipulates that the agreement should not place employees in a worse position than they would be in without the agreement. Additionally, the court needed to determine if the agreement was procedurally sound, including whether proper consultation had occurred and if the agreement was genuinely negotiated.

In reaching its decision, the court examined the provisions of the agreement in detail, comparing them to relevant awards and other agreements to ascertain compliance with the BOOT. It also assessed whether the agreement disadvantaged any employees relative to their previous conditions. The court found that the agreement satisfied both the BOOT and NDT, as the terms were at least as favourable as the relevant awards and did not place employees in a worse position. Furthermore, the court concluded that the agreement was the product of genuine negotiations and appropriate consultation processes. Consequently, the court approved the enterprise agreement, finding it met all necessary legislative requirements.

The final orders of the court were to approve the Plastering Enterprise Agreement 2016-2018 between AMZ Projects Pty Ltd and the CFMEU, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, ensuring it would be binding on both parties and enforceable under the Fair Work Act 2009. This approval signified that the agreement was fair, reasonable, and in compliance with the statutory requirements for enterprise agreements in Australia.

Construction, Forestry, Mining and Energy Union; AMZ Projects Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established