DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/453)

CORCON SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 10 MARCH 2020

Application for approval of the CORCON SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the CORCON SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2019-2020 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the CORCON SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2019-2020, the Fair Work Commission was tasked with determining the merits of the agreement between the parties. The applicant, CORCON SOLUTIONS PTY LTD, sought approval of the enterprise agreement, while the respondent, the CFMEU (Victorian Construction and General Division), opposed the approval, citing several concerns regarding the agreement's provisions.

The key legal issues before the Commission involved whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The respondent argued that the agreement failed to meet the criteria, asserting that certain provisions did not comply with the provisions of the Act, specifically concerning the fair and reasonable terms for employees. The Commission needed to examine the agreement's provisions to determine if they were fair and reasonable, taking into account the overall balance of the agreement and the interests of both parties.

Upon examining the agreement, the Commission found that the provisions in question did not significantly detract from the overall fairness of the agreement. The Commission considered the balance of the agreement, the interests of the employees, and the context in which the provisions were made. The Commission determined that the provisions were fair and reasonable, and therefore, the agreement should be approved. The Commission also noted the efforts of the parties in reaching the agreement and the potential benefits for the employees.

The Fair Work Commission approved the enterprise agreement between CORCON SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division). The approval was based on the finding that the provisions in question were fair and reasonable, and the overall balance of the agreement was satisfactory. The Commission's decision recognised the efforts of both parties in reaching the agreement and the potential benefits for the employees. The agreement was approved, subject to the usual conditions for enterprise agreements under the Fair Work Act 2009.

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