DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/873)

CONCRETE REPAIRS LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 5 APRIL 2019

Application for approval of the CONCRETE REPAIRS LIMITED 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 CONCRETE REPAIRS LIMITED 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

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of an enterprise agreement between Concrete Repairs Limited and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was brought under section 231 of the Fair Work Act 2009, which provides for the registration of enterprise agreements that have been negotiated in good faith and provide for certain minimum terms and conditions of employment. The union sought approval for the agreement, while the employer opposed the application on the basis that it did not meet the requirements of the Act.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Act. Specifically, the Commission had to consider whether the agreement had been negotiated in good faith, whether it provided for the minimum terms and conditions required by the Act, and whether it complied with any other relevant provisions of the Act. The Commission also had to consider any objections raised by the employer and determine whether they were valid.

In its decision, the Commission found that the enterprise agreement met the statutory requirements for approval. The Commission noted that the agreement had been negotiated in good faith and that it provided for all of the minimum terms and conditions required by the Act. The Commission also found that the employer's objections were not valid and did not provide a sufficient basis for refusing approval of the agreement. The Commission therefore approved the enterprise agreement, which will now be binding on the parties for the period specified in the agreement.

The Commission's decision provides useful guidance for employers and unions on the requirements for negotiating and approving enterprise agreements under the Fair Work Act. The decision also highlights the importance of ensuring that agreements are negotiated in good faith and provide for all of the minimum terms and conditions required by the Act. Employers and unions should carefully consider the Commission's decision when negotiating and approving enterprise agreements in the future.

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