DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1806)

THE TRUSTEE FOR SND TRADING UNIT TRUST T/AS SPECIALISED CONCRETE CUTTING AND DRILLING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JULY 2020

Application for approval of THE TRUSTEE FOR SND TRADING UNIT TRUST T/As SPECIALISED CONCRETE CUTTING AND DRILLING PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2019-2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as THE TRUSTEE FOR SND TRADING UNIT TRUST T/As SPECIALISED CONCRETE CUTTING AND DRILLING PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2019-2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 July 2020 and, in accordance with s 54, will operate from 14 July 2020. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the trustee for SND Trading Unit Trust trading as Specialised Concrete Cutting and Drilling Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The dispute revolves around the approval of the Concrete Sawing and Drilling Enterprise Agreement 2019-2020. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the enterprise agreement should be approved under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the requirements of being "better off overall" for employees, as well as ensuring fairness and balance in the terms and conditions of employment. The Commission also needed to consider the implications of any non-compliance with the award safety net and assess whether the agreement provided for the protection of employee interests.

The Fair Work Commission found that the agreement was fair and balanced, providing for the protection of employees' interests. The Commission noted that the agreement contained provisions that were better off overall for employees, including wage increases and improved conditions. The Commission also concluded that the agreement did not undermine the award safety net and that it was in compliance with the relevant legislation. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Concrete Sawing and Drilling Enterprise Agreement 2019-2020, subject to certain conditions and modifications. The Commission imposed specific conditions to ensure the agreement's compliance with the Fair Work Act 2009 and to address any concerns regarding the protection of employee interests.

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