DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3760)

ACCELERATED CONCRETE SAWING TRUST (THE TRUSTEE FOR) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 AUGUST 2018

Application for approval of the Accelerated Concrete Sawing Trust (The Trustee For) and the 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 Accelerated Concrete Sawing Trust (The Trustee For) and the 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 5 September 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, the Accelerated Concrete Sawing Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), sought approval of the Concrete Sawing and Drilling Enterprise Agreement 2016-2018 from the Fair Work Commission. The agreement was intended to govern the terms and conditions of employment for workers in the concrete sawing and drilling industry within the relevant period. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including provisions for dispute resolution, minimum rates of pay, and other conditions as required by the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement satisfied all the statutory requirements for approval under the Fair Work Act 2009. The Commission had to ensure that the agreement included provisions for the resolution of disputes, adhered to the prescribed minimum standards of pay and conditions, and did not discriminate against any particular group of employees. Additionally, the Commission considered whether the agreement had been genuinely negotiated and whether the process of negotiation was fair and transparent.

The Commission found that the proposed agreement met all the statutory requirements for approval. It contained adequate provisions for dispute resolution and included minimum rates of pay and other conditions that met or exceeded the mandated standards. The negotiation process was deemed to be fair and transparent, with the agreement having been genuinely negotiated between the applicants. The Commission concluded that the agreement was in the best interests of the employees covered by it and approved the Concrete Sawing and Drilling Enterprise Agreement 2016-2018.

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