DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5385)

ELITE CONCRETE DRILLING & SAWING PTY LTD AND CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 OCTOBER 2018

Application for approval of the Elite Concrete Drilling & Sawing Pty Ltd and CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Elite Concrete Drilling & Sawing Pty Ltd and CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling 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 11 October 2018. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Elite Concrete Drilling & Sawing Pty Ltd. The dispute centred around the application for approval of the Enterprise Agreement between the two parties for the period 2016 to 2018. The case was heard by the Fair Work Commission (FWC), an Australian independent statutory body with responsibility for resolving workplace disputes.

The key legal issues before the FWC were whether the agreement met the requirements for approval under the Fair Work Act 2009, and whether the agreement was made in the spirit of the Act. Specifically, the FWC needed to consider if the agreement provided for a fair and efficient workplace, whether the agreement covered all employees, and whether the agreement allowed for a fair and efficient process for resolving disputes. The FWC also needed to consider if the agreement complied with the relevant minimum standards set out in the National Employment Standards.

The FWC found that the agreement met all the requirements for approval under the Fair Work Act 2009. The FWC was satisfied that the agreement provided for a fair and efficient workplace, covered all employees, and allowed for a fair and efficient process for resolving disputes. The FWC also found that the agreement complied with the relevant minimum standards set out in the National Employment Standards. Therefore, the FWC approved the Enterprise Agreement.

The FWC's approval of the Enterprise Agreement means that it will be legally binding on both parties, and will apply to all employees covered by the agreement for the specified period. The FWC's decision provides certainty and stability for both parties and their employees, and ensures that the agreement is fair and efficient.

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