DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Form 700 Pty Ltd
(AG2016/7314)

FORM 700 PTY LTD/CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 DECEMBER 2016

Application for approval of the Form 700 Pty Ltd/CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Form 700 Pty Ltd/CFMEU Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Form 700 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 12 December 2016 and, in accordance with s.54, will operate from 19 December 2016. The nominal expiry date of the Agreement is 13 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Form 700 Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard by the Fair Work Commission, Australia’s independent national workplace relations tribunal. The main issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009 (Cth). Specifically, the Commission needed to determine whether the agreement contained the necessary 'good faith' provisions and whether it adhered to the relevant 'better off overall test'.

The Commission examined whether the agreement reflected genuine bargaining between the parties and whether it provided employees with a better overall package of terms and conditions than the applicable award or previous enterprise agreement. The applicant argued that the agreement was the product of genuine negotiations and that it provided employees with improved terms and conditions. The Commission considered the submissions and evidence from both parties, focusing on the process of negotiation, the content of the agreement, and the impact on the employees.

After careful consideration, the Commission found that the proposed enterprise agreement was the product of genuine negotiations and met the statutory requirements. The Commission approved the Form 700 Pty Ltd/CFMEU Enterprise Agreement 2016, emphasising the importance of the good faith provisions and the overall benefits to the employees. The Commission determined that the agreement provided employees with improved terms and conditions, thereby satisfying the better off overall test. Consequently, the application for approval was granted.

Form 700 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