DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6927)

WILLARD LOGISTICS PTY LTD T/AS GEELONG CONCRETE PUMPING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 7 SEPTEMBER 2021

Application for approval of the WILLARD LOGISTICS PTY LTD T/As GEELONG CONCRETE PUMPING and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the WILLARD LOGISTICS PTY LTD T/As GEELONG CONCRETE PUMPING and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. 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] 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.

[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 14 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for the approval of the WILLARD LOGISTICS PTY LTD T/As GEELONG CONCRETE PUMPING and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023. This matter was brought before the Fair Work Commission, which is responsible for overseeing the approval process of such agreements. The dispute arose from the need to ensure that the proposed agreement complied with relevant legislation and industry standards.

The primary legal issues the court had to address included whether the agreement provided adequate protections for employees, whether it complied with the relevant provisions of the Fair Work Act 2009, and if it met the requirements for good faith bargaining and dispute resolution. The court also needed to consider if the agreement addressed the needs of both parties fairly and reasonably.

The Fair Work Commission, after reviewing the submitted agreement, found that it met the necessary criteria for approval. The agreement provided sufficient protections for employees and adhered to the statutory requirements set out in the Fair Work Act. The court was satisfied that the agreement reflected the outcomes of good faith bargaining and included appropriate dispute resolution mechanisms. Consequently, the Commission approved the agreement, confirming its compliance with the relevant legal standards.

No further orders were made beyond the approval of the agreement, as the Commission's decision concluded the legal matters at hand. The approval ensures that the agreement will govern the terms and conditions of employment for the specified period, offering a legally binding framework for the relationship between the employer and the union.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established