DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cambar Precast (Vic) Pty Ltd T/As Cambar Precast
(AG2016/5475)

CAMBAR PRECAST VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Cambar Precast Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel 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 Cambar Precast (Vic) Pty Ltd T/As Cambar Precast. 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 of the Act, will operate from 22 September 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

Cambar Precast (Vic) Pty Ltd, trading as Cambar Precast, sought approval of the Cambar Precast Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018, which was the subject of an application to the Fair Work Commission. The applicant sought to have the agreement approved as a modern award. The applicant and the union had engaged in negotiations, resulting in the formation of the agreement, which was then submitted for approval by the Commission. The case was heard in the Fair Work Commission, with the Commission tasked with determining whether the agreement met the criteria for approval as a modern award.

The primary legal issue before the Commission was whether the agreement complied with the relevant legislative requirements and whether it was in the best interests of the employees covered by the agreement. The Commission had to consider the agreement's provisions, including those relating to wages, conditions, and other terms and conditions of employment. Additionally, the Commission needed to assess whether the agreement had been negotiated in good faith and whether it provided for adequate protections for employees.

The Commission found that the agreement met the criteria for approval as a modern award. The agreement was comprehensive, covering various aspects of employment, including wages, leave, and other conditions. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided for adequate protections for employees. The Commission also noted that the agreement had been supported by both the applicant and the union, indicating a consensus on the terms and conditions outlined in the agreement. As a result, the Commission approved the agreement as a modern award.

The Fair Work Commission approved the Cambar Precast Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018 as a modern award, effective from the date of the decision. The Commission's decision was based on its finding that the agreement complied with the relevant legislative requirements and that it was in the best interests of the employees covered by the agreement. The approval of the agreement as a modern award ensures that the terms and conditions outlined in the agreement will apply to the relevant employees, providing them with certainty and protection in their employment.

Cambar Precast (Vic) Pty Ltd T/As Cambar Precast

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established