DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/398)

SORCO CONCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 MARCH 2020

Application for approval of the SORCO CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SORCO CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 10 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between SORCO Concrete Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was heard by the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the issues included whether the agreement provided for the proper bargaining of terms and conditions, and whether it complied with the relevant provisions of the Act.

The Commission examined whether the agreement had been made through proper bargaining, considering the conduct of the parties and whether any coercion or undue influence had occurred. The Commission also assessed whether the agreement contained all the mandated terms and conditions, including minimum rates of pay, and whether it was consistent with the relevant industry awards. Additionally, the Commission considered whether the agreement met the good faith requirements under the Act.

The Commission found that the agreement was made through proper bargaining, with both parties acting in good faith. The agreement contained all the mandated terms and conditions, and there was no evidence of coercion or undue influence. The Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act 2009. Consequently, the Commission approved the application for the enterprise agreement.

The Fair Work Commission approved the application for the SORCO Concrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019, deeming it to meet the legal requirements for approval.

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