DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5296)

LUKA TIPPERS & EXCAVATION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PILING AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER WILSON	CANBERRA, 5 OCTOBER 2018

Application for approval of the LUKA TIPPERS & EXCAVATION PTY LTD and the CFMEU (Victorian Construction and General Division) Piling Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the LUKA TIPPERS & EXCAVATION PTY LTD and the CFMEU (Victorian Construction and General Division) Piling 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 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Piling Agreement 2016-2018 between LUKA TIPPERS & EXCAVATION PTY LTD and the CFMEU (Victorian Construction and General Division), the Fair Work Commission heard the case. The dispute involved the terms of the proposed agreement, specifically addressing wages, working conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act.

The central legal issue before the Commission was whether the agreement complied with the requirements set out in the Fair Work Act, particularly concerning the coverage of employees, the fairness of the terms, and whether the agreement facilitated or obstructed the achievement of a productive workplace. The Commission also needed to consider whether the agreement adequately provided for the resolution of disputes in an efficient and effective manner.

The Commission examined the terms of the agreement in detail, taking into account the submissions from both parties. It found that the agreement was comprehensive and covered all necessary aspects, including wages, hours of work, and conditions of employment. The Commission noted that the agreement provided for a fair and reasonable resolution of disputes through an established arbitration process, which was deemed to be effective and practical. Based on these findings, the Commission approved the agreement, confirming that it met the statutory requirements and would serve the interests of both employees and employers.

The Commission's final order was to approve the Piling Agreement 2016-2018 between LUKA TIPPERS & EXCAVATION PTY LTD and the CFMEU (Victorian Construction and General Division), effective from the date of the decision. This decision provided certainty and stability for the parties involved, ensuring that the terms of the agreement were legally sound and beneficial for all stakeholders.

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