Profix Aluminium Pty Ltd

[2013] FWCA 3973

FAIR WORK COMMISSION

DECISION

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

Profix Aluminium Pty Ltd
(AG2013/6977)

PROFIX ALUMINIUM PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 JUNE 2013

Application for approval of the Profix Aluminium 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 Profix Aluminium 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 Profix Aluminium 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, will operate from 28 June 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

Profix Aluminium Pty Ltd sought approval of a specific enterprise agreement under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission, which is Australia's national workplace relations tribunal. The main issue before the Commission was whether the agreement met the "better off overall test" (BOOT) as required by the Fair Work Act. This test ensures that employees are no worse off financially and have better working conditions than if they were covered by the applicable award.

The Commission examined various aspects of the agreement, including wages, leave entitlements, and working conditions. It was necessary to determine if the proposed agreement provided employees with benefits that were at least as good as, or better than, those available under the applicable award. The Commission also considered the views and submissions of both parties and the impact of the agreement on the employees' overall conditions. The focus was on whether the agreement would genuinely improve the employees' situation in a meaningful way.

After a thorough analysis, the Commission concluded that the agreement met the BOOT. It found that the proposed changes in the agreement provided employees with benefits that were at least as good as those available under the applicable award, and in some cases, better. The Commission was satisfied that the agreement would result in improved conditions for the employees without making them worse off overall. Consequently, the Commission approved the Profix Aluminium Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established