Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 4944

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/3687)

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

Building, metal and civil construction industries
Commissioner Wilson	Melbourne, 24 August 2018

Application for approval of the ELITE CONCRETE DRILLING & SAWING PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the ELITE CONCRETE DRILLING & SAWING PTY LTD 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.

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 31 August 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 the Construction, Forestry, Maritime, Mining and Energy Union, an application was made for the approval of the ELITE CONCRETE DRILLING & SAWING PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018. The applicant was the Construction, Forestry, Maritime, Mining and Energy Union, and the respondent was Elite Concrete Drilling & Sawing Pty Ltd. The application was heard in the Fair Work Commission. The primary legal issue for the court to determine was whether the enterprise agreement met the requirements set out in the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the court needed to consider whether the agreement was a genuine bargain, covered a relevant class of employees, and did not contain any unfair provisions.

The court examined the evidence presented by both parties and considered the legal principles applicable to the approval of enterprise agreements. The court found that the agreement was a genuine bargain between the parties and that it covered a relevant class of employees. The court also found that the agreement did not contain any unfair provisions. The court was satisfied that the agreement met the requirements for approval under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The court approved the enterprise agreement, and it came into effect on the date of the decision.

The court ordered that the ELITE CONCRETE DRILLING & SAWING PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018 be approved. The agreement was to be registered with the Fair Work Commission and would apply to the relevant class of employees until the end of the agreement period. The court also ordered that any disputes arising from the agreement would be dealt with according to the dispute resolution provisions contained within the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established