DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monaco Hickey Pty Ltd
(AG2016/4699)

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

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

Application for approval of the Monaco Hickey 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 Monaco Hickey 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 Monaco Hickey 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 August 2016 and, in accordance with s.54, will operate from 11 August 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

The case involved Monaco Hickey Pty Ltd, an applicant, and the CFMEU (Victorian Construction and General Division), a union. The dispute centred on the application for approval of the Monaco Hickey Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was brought before the Fair Work Commission.

The central legal issues before the court were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly sections concerning procedural fairness and whether the agreement met the "better off overall test". This test ensures that employees are not worse off financially under the terms of the new agreement compared to their previous conditions.

The court examined the evidence and submissions from both parties, focusing on the process through which the agreement was negotiated and the contents of the agreement itself. The court found that the negotiation process had been procedurally fair, and that the agreement met the better off overall test, as employees would be no worse off and in many cases, better off under the new terms. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Monaco Hickey Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved, effective from the date of the decision. This approval signifies that the agreement can be implemented, binding both parties and their employees.

Monaco Hickey 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