Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 6819

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2019/3605)

ULTIMATE PRECAST SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 3 OCTOBER 2019

Application for approval of the ULTIMATE PRECAST SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the ULTIMATE PRECAST SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by ULTIMATE Precast Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of their Enterprise Agreement for the period 2016 to 2018. The Fair Work Commission heard the application, with the union and the employer seeking to have the agreement recognised and made binding under the Fair Work Act 2009. The legal issues central to this case revolved around whether the agreement met the criteria for approval as stipulated by the Act, particularly focusing on the provisions for employee representation, the process by which the agreement was negotiated, and whether it provided fair and reasonable terms and conditions for the employees.

The court examined the manner in which the agreement was negotiated, considering the representation of the employees and whether it was done in good faith. It also assessed whether the agreement contained all the mandatory terms required by the Fair Work Act, including those concerning minimum wages, penalties, and dispute resolution mechanisms. Furthermore, the court had to determine if the agreement was fair and reasonable, taking into account the interests of the employees and the employer, and whether it complied with the provisions of the Act that protect against harsh, unjust, or unreasonable terms. The court found that the negotiation process was conducted appropriately, and the agreement included all necessary mandatory terms. It concluded that the terms of the agreement were fair and reasonable, balancing the interests of both parties, and thus met the statutory requirements for approval.

In light of the findings, the Fair Work Commission approved the Enterprise Agreement between ULTIMATE Precast Services Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The decision confirmed that the agreement was fairly negotiated and contained all mandatory terms, providing a fair and reasonable outcome for the employees. The approval ensures that the terms of the agreement will be legally binding, governing the employment conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established