DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CCS Staff Pty Ltd T/A Construction Sciences
(AG2017/5334)

VICTORIAN CONSTRUCTION MATERIALS TESTING TECHNICIANS AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Victorian Construction Materials Testing Technicians Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Construction Materials Testing Technicians Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CCS Staff Pty Ltd T/A Construction Sciences. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, CCS Staff Pty Ltd trading as Construction Sciences, applied to the Fair Work Commission for approval of the Victorian Construction Materials Testing Technicians Agreement 2017. The dispute involved the classification of construction materials testing technicians and the associated wages and conditions. The Fair Work Commission was the court tasked with deciding whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the proposed agreement was a "modern award" as defined by the Act, and if it provided for the fair remuneration of employees. The court had to consider the bargaining representative's ability to negotiate the agreement and whether the agreement included minimum wages and conditions that were no less favourable than those provided by existing awards. Additionally, the court examined whether the agreement adequately covered the classification and pay rates for construction materials testing technicians.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The court determined that the bargaining representative had the requisite authority to negotiate on behalf of the employees, and the agreement contained provisions for minimum wages and conditions that were no less favourable than existing awards. The court further found that the agreement appropriately classified construction materials testing technicians and provided for their fair remuneration. Consequently, the court approved the Victorian Construction Materials Testing Technicians Agreement 2017, effective from 1 July 2017.

CCS Staff Pty Ltd T/A Construction Sciences

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established