DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/866)

PETER & TRACEY SARDI T/AS SARDI CONCRETE CONSTRUCTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 APRIL 2019

Application for approval of the Peter & Tracey Sardi T/As Sardi Concrete Constructions 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 Peter & Tracey Sardi T/As Sardi Concrete Constructions 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 12 April 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Peter & Tracey Sardi T/As Sardi Concrete Constructions and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, Sardi Concrete Constructions, sought to have the agreement approved by the Fair Work Commission. The CFMEU contested the application, raising various objections to the terms of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the court centred on the validity and enforceability of the enterprise agreement. The primary concern was whether the agreement contained provisions that were contrary to the Fair Work Act or were otherwise invalid. The CFMEU argued that certain terms of the agreement, such as those relating to work arrangements and penalty rates, did not comply with the statutory requirements. The court had to scrutinise the agreement to determine if it met the necessary standards and if it was fair and reasonable in all its terms.

The Fair Work Commission assessed the agreement against the legislative criteria outlined in the Fair Work Act. It considered the extent to which the agreement adhered to the requirements for good faith bargaining and whether it provided for a fair and efficient workplace. The court found that while the agreement contained some provisions that did not comply with the Act, these could be rectified through minor amendments. Consequently, the Commission approved the agreement with conditions that required the parties to address the identified issues within a specified timeframe. The decision balanced the need for a fair and effective agreement with the interests of the employees and employers involved.

The final orders of the Commission mandated that the agreement be amended to align with the Fair Work Act. The parties were required to address specific issues within a set period and submit the revised agreement for further consideration. The Commission's decision ensured that the agreement would operate effectively while safeguarding the rights and interests of the employees and employers within the scope of the Fair Work Act.

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