DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6147)

TAGGED SHOTCRETE SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 16 NOVEMBER 2018

Application for approval of the TAGGED SHOTCRETE SERVICES PTY LTD 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 TAGGED SHOTCRETE SERVICES PTY LTD 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 23 November 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Enterprise Agreement between TAGGED SHOTCRETE SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) for the years 2016 to 2018. The CFMEU sought to have the agreement certified as a registered enterprise agreement, which would make it legally binding on both parties for the specified period. The application was contested by TAGGED SHOTCRETE SERVICES PTY LTD, which raised several objections to the agreement's provisions.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it had been genuinely negotiated between the parties. The contested provisions included those relating to wages, overtime, penalty rates, and shift patterns. The Commission had to consider whether the agreement met the requirements for registration, including the provisions regarding employee protections and the absence of any unfair or discriminatory terms.

The Commission examined the evidence presented by both parties and assessed the agreement's provisions against the legislative criteria. It found that the agreement was genuinely negotiated and met the requirements for registration. The Commission was satisfied that the agreement did not contain any terms that were unfair or discriminatory, and that it provided adequate protections for employees. The Commission also noted that the agreement had been supported by a majority of the employees covered by it. Consequently, the Commission approved the Enterprise Agreement and registered it as a valid and binding agreement between the parties for the period 2016 to 2018.

The Fair Work Commission ordered that the Enterprise Agreement between TAGGED SHOTCRETE SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) for the years 2016 to 2018 be registered. The agreement was to have effect from the date of registration and would remain in force until the end of the specified period, unless terminated earlier in accordance with its provisions or the relevant legislation. The registration of the agreement meant that it would be legally binding on both parties and enforceable in accordance with the Fair Work Act 2009.

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