DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1198)

SPECIALISED CONCRETE PUMPING MELBOURNE PTY LTD T/AS SPECIALISED CONCRETE PUMPING MELBOURNE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE PUMPING ENTERPRISE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MAY 2020

Application for approval of the Specialised Concrete Pumping Melbourne Pty Ltd t/as Specialised Concrete Pumping Melbourne and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2019 - 2022.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Specialised Concrete Pumping Melbourne Pty Ltd t/as Specialised Concrete Pumping Melbourne and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2019 - 2022 (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 11 May 2020 and, in accordance with s 54, will operate from 18 May 2020. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Specialised Concrete Pumping Melbourne Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), sought approval of their Enterprise Agreement 2019-2022. The Fair Work Commission was the tribunal tasked with approving the agreement under the Fair Work Act 2009. The dispute centred on the terms of the agreement, which the union and the employer had negotiated and signed, but which was challenged by other industry stakeholders.

The central issue before the Commission was whether the agreement met the requirements of the Fair Work Act, including being in the best interests of the employees, not prejudicing the establishment of a relevant industrial instrument, and not being less favourable than the applicable award or safety net agreement. Additionally, the Commission had to consider whether the agreement was procedurally sound, including whether proper consultation had occurred between the parties.

The Commission found that the agreement was in the best interests of the employees, did not prejudice the establishment of a relevant industrial instrument, and was not less favourable than the applicable award or safety net agreement. The Commission also found that the agreement was procedurally sound, with proper consultation occurring between the parties. The Commission was satisfied that the agreement met the requirements of the Fair Work Act, and thus approved the agreement.

The Fair Work Commission approved the Specialised Concrete Pumping Melbourne and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2019-2022. The Commission found that the agreement met the requirements of the Fair Work Act, including being in the best interests of the employees, not prejudicing the establishment of a relevant industrial instrument, and not being less favourable than the applicable award or safety net agreement. The Commission also found that the agreement was procedurally sound, with proper consultation occurring between the parties. The approval of the agreement provides certainty for the parties and their employees, and ensures that the agreement is compliant with the Fair Work Act.

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