DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Earthmoving Company Pty Ltd T/A Centrals C.E.M.
(AG2016/5503)

CENTRAL EARTHMOVING COMPANY PTY LTD ENTERPRISE AGREEMENT 2016 (FIELD PERSONNEL)

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 NOVEMBER 2016

Application for approval of the Central Earthmoving Company Pty Ltd Enterprise Agreement 2016 (Field Personnel).

[1] An application has been made for approval of an enterprise agreement known as the Central Earthmoving Company Pty Ltd Enterprise Agreement 2016 (Field Personnel) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Earthmoving Company Pty Ltd T/A Centrals C.E.M. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2016. The nominal expiry date of the Agreement is 3 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Central Earthmoving Company Pty Ltd, trading as Centrals CEM, applied to the Fair Work Commission for approval of the Central Earthmoving Company Pty Ltd Enterprise Agreement 2016 (Field Personnel). The application was made under section 234 of the Fair Work Act 2009, seeking approval of the agreement which had been negotiated between the employer and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The dispute centred on the terms and conditions of employment for field personnel within the company, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 for it to be approved. Specifically, the Commission needed to consider whether the agreement provided for the minimum entitlements as set out in the Act, and whether it had been genuinely negotiated. Additionally, the Commission examined whether the agreement was in the best interests of the employees and whether it complied with the requirements for good faith bargaining and procedural fairness.

In its decision, the Commission found that the agreement satisfied the legislative criteria for approval. The Commission noted that the agreement provided for all minimum entitlements required by the Act, and that the process of negotiation was conducted in good faith. The CFMMEU, representing the employees, had participated in the negotiations and provided input into the terms of the agreement. The Commission was satisfied that the agreement was in the best interests of the employees and that it complied with the procedural fairness requirements. Consequently, the Commission approved the agreement under section 234 of the Fair Work Act 2009.

Central Earthmoving Company Pty Ltd T/A Centrals C.E.M.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established