DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Camillo Concrete Structures Pty Ltd
(AG2016/5471)

CAMILLO CONCRETE STRUCTURES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of the Camillo Concrete Structures 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 the Camillo Concrete Structures 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 Camillo Concrete Structures 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 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

Camillo Concrete Structures Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement between the company and the CFMEU (Victorian Construction and General Division). The CFMEU represents a number of employees who work for Camillo Concrete Structures Pty Ltd. The application was made under section 230 of the Fair Work Act 2009. The Commission held that the enterprise agreement did not meet the requirements of the Fair Work Act because it included provisions that were contrary to the public interest. The company appealed to the Federal Court of Australia.

The appeal raised issues regarding the proper interpretation of the Fair Work Act and the proper exercise of the court's discretion under section 247 of the Fair Work Act. The appeal also raised questions about the role of the court in reviewing the decisions of the Fair Work Commission. The court held that the enterprise agreement did not meet the requirements of the Fair Work Act because it included provisions that were contrary to the public interest. The court found that the Commission had exercised its discretion correctly in refusing to approve the enterprise agreement. The court dismissed the appeal.

The court's decision affirmed the role of the Fair Work Commission in approving enterprise agreements and the limited role of the court in reviewing those decisions. The decision also highlighted the importance of ensuring that enterprise agreements do not include provisions that are contrary to the public interest. The court's decision did not result in any orders being made.

Camillo Concrete Structures 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