DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2016/5219)

MAXCON CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the MAXCON Constructions Pty Ltd 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 MAXCON Constructions Pty Ltd 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 5 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the MAXCON Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission was called upon to consider whether the agreement should be approved under the Fair Work Act 2009. The applicant, MAXCON Constructions Pty Ltd, sought approval of the enterprise agreement which was intended to govern the employment terms and conditions of its employees, as negotiated with the union.

The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act, particularly whether it was a "better off overall test" agreement, as well as ensuring that it did not undermine the safety and health provisions of the Occupational Health and Safety Act 2004. The Commission also had to consider if the agreement provided fair and reasonable terms and conditions for the employees, and if it complied with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission examined the evidence and submissions from both parties, ultimately finding that the agreement met the "better off overall test" and did not undermine health and safety provisions. The Commission also concluded that the agreement provided fair and reasonable terms and conditions for the employees and complied with the relevant legislation. As such, the Commission approved the enterprise agreement, acknowledging that it addressed the needs of both the employer and employees in a fair and balanced manner.

The final order of the Commission was that the MAXCON Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved under the Fair Work Act 2009, effective from the date of the Commission's decision.

Construction, Forestry, Mining and Energy Union-Victoria Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established