City Concrete Pumping Pty Ltd

[2018] FWCA 4822

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

City Concrete Pumping Pty Ltd

(AG2018/3594)

City Concrete Pumping Co Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Saunders	Port Macqaurie ,16 AUGUST 2018

Application for approval of the City Concrete Pumping Co Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the City Concrete Pumping Co 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 Aldo Guardiani on behalf of City Concrete Pumping Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry, Maritime, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of City Concrete Pumping Pty Ltd, the applicant sought approval of an enterprise agreement between City Concrete Pumping Co Pty Ltd and the CFMEU (Victorian Construction and General Division). The dispute was heard and determined in the Fair Work Commission. The primary legal issue before the Commission was whether the enterprise agreement complied with the relevant legislative requirements and whether it was made in good faith and without the use of coercion, duress, or other improper conduct.

The Commission carefully considered the evidence and submissions provided by both parties. It examined whether the agreement met the statutory criteria for approval, including provisions for employee entitlements, dispute resolution mechanisms, and compliance with the Fair Work Act. The Commission also assessed whether the agreement was negotiated in good faith, ensuring that it was not the result of any undue influence or improper conduct. After thorough analysis, the Commission found that the enterprise agreement met the necessary requirements and was made in good faith. Consequently, the Commission approved the agreement, ensuring that it would govern the terms and conditions of employment between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established