DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crema Constructions Pty Ltd
(AG2016/5469)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the Crema 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 Crema 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 Crema Constructions Pty Ltd. 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 22 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Crema Constructions Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement between Crema Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement, covering the period 2016 to 2018, was proposed to regulate the terms and conditions of employment for employees within the specified period. The union and the employer had reached an agreement on the terms and sought the Commission's approval to make it a legally binding enterprise agreement.

The primary legal issues that the Commission had to address included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the "better off overall test." This test ensures that employees are not worse off financially under the proposed agreement compared to their current conditions. The Commission also had to consider whether the agreement was made in good faith and if it adhered to the principles of the Fair Work Act.

The Commission found that the agreement met all the statutory requirements and passed the better off overall test. It determined that the agreement was made in good faith and was consistent with the principles of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it offered benefits to employees without disadvantaging them financially. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable.

The final orders of the Commission were that the Crema Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered. The agreement was to be in effect from the date of the decision and would govern the employment conditions for the specified period until it was replaced by a new agreement or terminated in accordance with the Fair Work Act.

Crema Constructions 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