DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3353)

NELLIE HILL PROJECTS PTY LTD T/AS DRD CONCRETE & EXCAVATIONS (AUS) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 SEPTEMBER 2019

Application for approval of the NELLIE HILL PROJECTS PTY LTD T/As DRD CONCRETE & EXCAVATIONS (AUS) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the NELLIE HILL PROJECTS PTY LTD T/As DRD CONCRETE & EXCAVATIONS (AUS) 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.

[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 25 September 2019. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Nellie Hill Projects Pty Ltd, trading as DRD Concrete & Excavations (Aus). The dispute centred on the application for approval of the Enterprise Agreement between the two parties, covering the period 2016 to 2018. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal responsible for overseeing and approving such agreements.

The central legal issue was whether the proposed Enterprise Agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for the proper terms and conditions of employment, was free from prohibited content, and adequately protected the rights and interests of the employees. Furthermore, the court had to consider whether the agreement had been fairly and genuinely negotiated between the parties.

In reaching its decision, the Fair Work Commission examined the contents of the Enterprise Agreement, the negotiation process, and the extent to which the agreement met the statutory requirements. The Commission noted that the agreement contained provisions for wages, hours of work, leave, and other employment conditions, which appeared to be fair and reasonable. Moreover, the Commission found that the agreement had been genuinely negotiated between the parties, as evidenced by the process and documentation provided. As a result, the Commission concluded that the proposed Enterprise Agreement met the necessary criteria for approval. Consequently, the Fair Work Commission approved the agreement, subject to the parties' compliance with the terms and conditions outlined within it.

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