DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Complete Shotcrete Pty Ltd
(AG2019/2789)

COMPLETE SHOTCRETE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 AUGUST 2019

Application for approval of the Complete Shotcrete 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 Complete Shotcrete 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 Complete Shotcrete 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2019. The nominal expiry date of the Agreement is 31 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Complete Shotcrete Pty Ltd sought approval of the Complete Shotcrete and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The company was a small business employing shotcreters in the construction industry. The application was made under section 234 of the Fair Work Act 2009. The CFMEU contested the application. The court was required to decide if the agreement was in the interests of employees and employers, and if it promoted workplace harmony.

The court examined the nature of the enterprise agreement, the bargaining process, and the provisions of the agreement. It considered if the agreement was made genuinely in good faith and if the parties had engaged in genuine bargaining. The court also assessed if the agreement was fair and reasonable, and if it was likely to promote harmony in the workplace. The court found that the agreement was made in good faith, the bargaining process was genuine, and the agreement was fair and reasonable. It also found that the agreement was likely to promote harmony in the workplace.

As a result, the court approved the Complete Shotcrete and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was deemed to be in the interests of both employees and employers, and it was likely to promote workplace harmony. The decision of the court was based on the evidence presented and the provisions of the Fair Work Act 2009. The court found that the agreement met the requirements for approval under the Act.

Complete Shotcrete 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