DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1917)

POSITIVE PUMPING MELBOURNE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE PUMPING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 JUNE 2019

Application for approval of the Positive Pumping Melbourne Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Positive Pumping Melbourne Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Pumping 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 June 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Positive Pumping Melbourne Pty Ltd sought approval of the Concrete Pumping Enterprise Agreement 2016-2018. The CFMEU is a registered union representing employees in various industries, while Positive Pumping Melbourne is a company in the concrete pumping industry. The agreement in question was negotiated between the union and the employer, covering terms and conditions of employment for employees within the scope of the enterprise agreement. The dispute before the Commission concerned whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue for the Commission was to determine if the enterprise agreement complied with the requirements of section 234 of the Fair Work Act. This section stipulates that an enterprise agreement must provide for fair and efficient terms and conditions, not predetermine the outcomes of enterprise bargaining, and be certified as meeting the "better off overall test." This test requires that the agreement be at least as good as the applicable award or safety net terms and conditions for employees covered by the agreement. The Commission had to examine the agreement to ensure it satisfied these legislative criteria.

The Fair Work Commission found that the Concrete Pumping Enterprise Agreement 2016-2018 met the necessary legal criteria. The agreement provided for fair and efficient terms and conditions, did not predetermine the outcomes of enterprise bargaining, and met the better off overall test. The Commission noted that the agreement provided for appropriate wage increases, improved leave provisions, and better working conditions for employees. The Commission was satisfied that the agreement was fair and reasonable, and therefore approved the agreement under section 177 of the Fair Work Act. The decision was made to ensure that the agreement provided for fair and efficient terms and conditions for employees covered by the agreement.

The Fair Work Commission approved the Concrete Pumping Enterprise Agreement 2016-2018 between the Construction, Forestry, Maritime, Mining and Energy Union and Positive Pumping Melbourne Pty Ltd. The agreement was found to meet the necessary criteria for approval under the Fair Work Act. The Commission determined that the agreement provided for fair and efficient terms and conditions, did not predetermine the outcomes of enterprise bargaining, and met the better off overall test. The approval of the agreement ensures that employees covered by the agreement receive fair and reasonable terms and conditions of employment.

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