Schiavello Construction (Vic) Pty Ltd Summary

[2017] FWCA 6725

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Schiavello Construction (Vic) Pty Ltd

(AG2017/5962)

Schiavello Construction (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 14 DECEMBER 2017

Application for approval of the Schiavello Construction (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the Schiavello Construction (Vic) 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 Schiavello Construction (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Schiavello Construction (Vic) Pty Ltd applied to the Fair Work Commission for the approval of the Schiavello Construction (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, a small construction company, sought to have the agreement approved under the Fair Work Act 2009. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the application on various grounds, including that the agreement did not meet the "better off overall test" (BOOT) and failed to provide for the interests of employees.

The primary legal issue before the Commission was whether the agreement satisfied the statutory requirements for approval, including the BOOT, and whether it appropriately provided for the employees' interests. The Commission considered the evidence and arguments from both parties, focusing on the terms of the agreement, the bargaining positions of the parties, and the potential impact on employees.

After examining the evidence, the Commission concluded that the agreement did satisfy the BOOT, as it provided for a number of improvements to the employees' conditions. The Commission found that the agreement appropriately balanced the interests of both parties and provided for the employees' interests. The Commission approved the agreement, finding that it met all statutory requirements for approval.

As a result, the Fair Work Commission approved the Schiavello Construction (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding that it satisfied the statutory requirements for approval and appropriately provided for the employees' interests. The agreement was approved and came into effect on 1 July 2016.

Schiavello Construction (Vic) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established