Integrated Construction Management Group (Vic) Pty Ltd

[2013] FWCA 8598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Integrated Construction Management Group (Vic) Pty Ltd
(AG2013/11085)

INTEGRATED CONSTRUCTION MANAGEMENT GROUP (VIC) PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 1 NOVEMBER 2013

Application for approval of the Integrated Construction Management Group (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Construction Management Group (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integrated Construction Management Group (Vic) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[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, will operate from 8 November 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Integrated Construction Management Group (Vic) Pty Ltd, the applicant sought approval for the 2011-2015 Enterprise Agreement between the Integrated Construction Management Group (Vic) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union Building and Construction Industry (CFMEUBCI) as a modern award. The application was heard by the Fair Work Commission, with the decision rendered by Deputy President D. M. Connell.

The legal issues before the court involved whether the proposed agreement met the criteria set out in section 230 of the Fair Work Act 2009, which outlines the requirements for a modern award. Specifically, the court had to determine if the agreement provided for a fair and efficient workplace, as well as whether it met the "better off overall test" (BOOT). The court also needed to consider if the agreement contained the necessary provisions for employee entitlements, such as minimum wages, penalty rates, and leave provisions.

Deputy President Connell concluded that the agreement met the necessary criteria for approval. The court found that the agreement provided for a fair and efficient workplace and met the BOOT, as it was designed to offer employees a better overall package than what was previously available. Furthermore, the agreement contained the required provisions for employee entitlements, such as minimum wages, penalty rates, and leave provisions, thereby satisfying the requirements of the Fair Work Act. The court also noted that the agreement did not contain any unfair provisions that would be detrimental to the employees or the industry.

In light of the findings, the court approved the Integrated Construction Management Group (Vic) Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 as a modern award. The decision was made in accordance with the provisions of section 231 of the Fair Work Act 2009. The agreement will now provide a framework for the terms and conditions of employment for the employees covered by the agreement, ensuring a fair and efficient workplace for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established