Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 5708

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/4628)

READY SET ROCK CONCRETE AND CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and general division) Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 11 SEPTEMBER 2018

Application for approval of the READY SET ROCK CONCRETE AND CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

An application has been made for approval of an enterprise agreement known as the READY SET ROCK CONCRETE AND CONSTRUCTION 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.

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 18 September 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

The matter involved an application for the approval of the Ready Set Rock Concrete and Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission in Australia, which was required to determine whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement provided for the mandatory terms, whether it was free from prohibited content, and whether it was appropriately certified by the relevant union officials.

The Fair Work Commission examined the provisions of the agreement to ascertain whether they contained the mandatory terms as required by the Fair Work Act. The Commission also reviewed the agreement to ensure it did not include any prohibited content, such as provisions that undermined employees' rights or allowed for the payment of less than the applicable award rates. Finally, the Commission assessed the certification process to confirm that the agreement had been appropriately certified by the relevant union officials in accordance with the Act.

In its decision, the Fair Work Commission found that the enterprise agreement met the criteria for approval. The Commission determined that the agreement provided for the mandatory terms, was free from prohibited content, and had been appropriately certified by the relevant union officials. Consequently, the Commission approved the Ready Set Rock Concrete and Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The Commission's decision was based on a detailed analysis of the agreement's provisions and a careful examination of the certification process.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

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Background to the litigation

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