Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 7322

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/6541)

NEXT GENERATION CONCRETE PUMPING (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 30 NOVEMBER 2018

Application for approval of the NEXT GENERATION CONCRETE PUMPING (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016-2018.

An application has been made for approval of an enterprise agreement known as the NEXT GENERATION CONCRETE PUMPING (AUST) 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Next Generation Concrete Pumping (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016-2018. This application was brought before the Fair Work Commission, which is the body responsible for overseeing and approving enterprise agreements under Australian labour law. The dispute centred around the validity and fairness of the terms outlined in the proposed enterprise agreement between the employer and the union representing the workers.

The legal issues before the court were whether the enterprise agreement complied with the statutory requirements of the Fair Work Act 2009 and whether it was made in good faith and without any coercion. The court had to consider whether the agreement met the criteria for being a "better off overall test" (BOOT) and if it was made under the appropriate conditions as outlined in the Act. Additionally, the court examined if the union and the employer had followed the correct procedures in negotiating and finalising the agreement.

The Fair Work Commission, after reviewing the submissions and evidence provided by both parties, found that the enterprise agreement was compliant with the statutory requirements. The Commission concluded that the agreement was made in good faith and without any coercion, and that it met the "better off overall test." The court also determined that the agreement was made under the appropriate conditions and that the union and employer had followed the correct procedures in negotiating and finalising the agreement.

As a result of the court's decision, the Next Generation Concrete Pumping (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016-2018 was approved. This approval allows the agreement to take effect, providing a framework for the terms and conditions of employment for the workers in the concrete pumping industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established