DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3163)

KINGS CUT CONCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 SEPTEMBER 2019

Application for approval of the KINGS CUT CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the KINGS CUT CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling 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 11 September 2019. The nominal expiry date of the Agreement is 31 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between Kings Cut Concrete Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission, the body responsible for regulating and approving enterprise agreements in Australia. The agreement in question pertains to the concrete sawing and drilling industry within Victoria, and is intended to cover the period from 2016 to 2018.

The primary legal issues addressed in this case centred around whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This includes the requirement for the agreement to meet the "better off overall test" (BOOT), ensuring that employees are not worse off financially by the terms of the agreement compared to their previous conditions. The court also considered whether the agreement had been fairly and genuinely negotiated between the parties, and whether it contained the necessary provisions to facilitate good faith bargaining.

The Fair Work Commission found that the proposed enterprise agreement met the requirements of the Fair Work Act. The Commission determined that the agreement provided for a fair and equitable outcome for employees, meeting the BOOT and ensuring that workers were not disadvantaged by the terms of the agreement. The Commission also accepted that the agreement had been genuinely negotiated between the parties and contained the necessary provisions for good faith bargaining. As a result, the Fair Work Commission approved the Kings Cut Concrete Pty Ltd and CFMEU Concrete Sawing and Drilling Enterprise Agreement 2016-2018.

As a consequence of the approval, the enterprise agreement now serves as the governing document for the terms and conditions of employment for workers in the concrete sawing and drilling industry within Victoria, during the specified period. The agreement outlines the pay rates, hours of work, leave entitlements, and other relevant matters for the employees covered by the agreement. The approval of this agreement is an important step in ensuring that workers in this industry have fair and equitable terms of employment, while also allowing for flexibility and adaptability in the industry to support business operations.

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