DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria Hoist Rentals Pty Ltd
(AG2015/4620)

VICTORIA HOIST RENTALS PTY LTD AND THE CFMEU RIGGER / STEEL ERECTORS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 AUGUST 2015

Application for approval of the VICTORIA HOIST RENTALS PTY LTD and the CFMEU Rigger / Steel Erectors Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the VICTORIA HOIST RENTALS PTY LTD and the CFMEU Rigger / Steel Erectors 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 Master Builders Association of Victoria. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 25 August 2015 and, in accordance with s.54, will operate from 1 September 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Victoria Hoist Rentals Pty Ltd, who applied for the approval of the Victoria Hoist Rentals Pty Ltd and the CFMEU Rigger/Steel Erectors Enterprise Agreement 2011-2015. The applicants sought approval of the agreement under section 234 of the Fair Work Act 2009, following a dispute between the company and the union over the terms of the agreement. The application was heard by the Full Bench of the Fair Work Commission, which had to determine whether the agreement met the criteria for approval.

The central legal issue was whether the agreement complied with the provisions of the Fair Work Act, specifically whether it met the "better off overall test" (BOOT) as required by section 235 of the Act. The BOOT requires that the agreement must provide employees with a direct financial benefit or a benefit in terms and conditions that outweighs any financial loss. Additionally, the court needed to assess whether the agreement had been made in accordance with the procedural requirements of the Act.

The court examined the provisions of the agreement and found that it provided employees with increased wages and improved conditions, which satisfied the BOOT. The court also considered the process through which the agreement was made and determined that it had been conducted fairly and in accordance with the Act. The court noted that while there were some procedural irregularities, they did not materially affect the outcome or the fairness of the process. Consequently, the court approved the agreement, finding that it met the requirements of the Act.

The court ordered that the Victoria Hoist Rentals Pty Ltd and the CFMEU Rigger/Steel Erectors Enterprise Agreement 2011-2015 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect for the period specified and would govern the terms and conditions of employment between the company and its employees. The approval of the agreement resolved the dispute between the parties and provided a clear framework for future industrial relations between Victoria Hoist Rentals Pty Ltd and the union.

Victoria Hoist Rentals 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