DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3356)

TECHCRETE PTY LTD 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 TECHCRETE PTY LTD 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 TECHCRETE 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.

[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

In the Federal Circuit Court, the matter of Application for approval of the TECHCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was heard. The dispute centred around the proposed enterprise agreement between TECHCRETE PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union, specifically the union's Victorian Construction and General Division. The central issue was whether the agreement was in the public interest and met the necessary criteria for approval.

The court needed to determine if the agreement was genuinely an enterprise agreement, if it was free from prohibited content, and if it was otherwise in the public interest. The first issue involved verifying that the agreement was made between an employer and employees, and that it related to the employees' terms and conditions of employment. The second issue was to ensure the agreement did not include any content that was prohibited under the Fair Work Act 2009. Finally, the court had to assess whether the agreement was in the public interest, taking into account various factors such as the economic circumstances, industrial relations principles, and public policy considerations.

The court found that the agreement was genuinely an enterprise agreement and did not contain any prohibited content. It was concluded that the agreement was made between TECHCRETE PTY LTD and the employees represented by the union, and that it related to the employees' terms and conditions of employment. The court also found that the agreement was free from prohibited content and did not include any provisions that were inconsistent with the Fair Work Act 2009 or any other relevant legislation. Furthermore, the court determined that the agreement was in the public interest, considering the economic circumstances, industrial relations principles, and public policy considerations. The court approved the enterprise agreement, finding that it met the necessary criteria and was in the public interest.

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