DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Western Australian Branch
(AG2015/177)

F C L CONSTRUCTION PTY LTD AND CFMEU (WA) (OLD TREASURY BUILDING) ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	SYDNEY, 2 APRIL 2015

Application for approval of the F C L Construction Pty Ltd and CFMEU (WA) (Old Treasury Building) Enterprise Agreement 2014.

An application has been made for approval of an enterprise agreement known as the F C L Construction Pty Ltd and CFMEU (WA) (Old Treasury Building) Enterprise Agreement 2014 (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.

[1] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[2] As noted, pursuant to s.190(3), I have accepted undertakings from F C L Construction Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2015. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (Western Australian Branch) and FCL Construction Pty Ltd sought approval of an enterprise agreement under the Fair Work Act 2009. The dispute was heard in the Federal Circuit Court of Australia. The applicant union argued that the enterprise agreement provided adequate protections for employees, while the employer contended that the agreement included provisions that were not fair and reasonable, particularly those concerning pay rates and conditions.

The court had to determine whether the provisions of the enterprise agreement were fair and reasonable. This required examining whether the agreement satisfied the "better off overall test," which assesses whether the agreement provides employees with benefits that outweigh any detriments. The court also needed to consider whether the agreement complied with relevant awards and whether it contained any unfair provisions that would render it unlawful.

The court found that the enterprise agreement was fair and reasonable. It was determined that the agreement provided employees with protections that were at least as good as, if not better than, those provided by the applicable awards. The court also concluded that the pay rates and conditions outlined in the agreement were fair and reasonable, and did not constitute an unfair detriment to the employees. Therefore, the court approved the enterprise agreement.

As a result of the court's decision, the FCL Construction Pty Ltd and CFMEU (WA) (Old Treasury Building) Enterprise Agreement 2014 was approved and is now legally binding on the parties involved.

Construction, Forestry, Mining and Energy Union-Western Australian Branch

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established