DECISION

Fair Work Act 2009
s.185—Enterprise agreement

L.U. Simon Builders Pty Ltd
(AG2016/3682)

L.U. SIMON BUILDERS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 JULY 2016

Application for approval of the L.U. Simon Builders 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 L.U. Simon Builders 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 L.U. Simon Builders 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 4 July 2016 and, in accordance with s.54, will operate from 11 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

L.U. Simon Builders Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The proposed agreement sought to regulate the terms and conditions of employment for workers in the construction industry in Victoria. The case involved the Fair Work Commission's assessment of the agreement against the provisions of the Fair Work Act 2009. The key legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act, including whether it was free from prohibited content, provided for a genuine enterprise agreement, and was in the best interests of the employees.

The Commission examined the provisions of the proposed agreement and considered submissions from both parties. It assessed the agreement against the criteria set out in the Fair Work Act, including the requirement that it not contain prohibited content and that it be a genuine agreement. The Commission found that the agreement met the requirements for approval and was in the best interests of the employees. It approved the agreement, which will now regulate the terms and conditions of employment for workers in the construction industry in Victoria for the period 2016 to 2018.

The Commission's decision was based on its assessment of the agreement against the criteria set out in the Fair Work Act. It found that the agreement was free from prohibited content and was a genuine agreement that provided for the employees' terms and conditions of employment. The Commission also considered the submissions from both parties and found that the agreement was in the best interests of the employees. The Commission approved the agreement, which will now regulate the terms and conditions of employment for workers in the construction industry in Victoria for the period 2016 to 2018.

L.U. Simon Builders 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