DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3303)

ALWAYS PUMPING (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE PUMPING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2018

Application for approval of the ALWAYS PUMPING (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the ALWAYS PUMPING (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Pumping 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 10 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 Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union brought an application for approval of the ALWAYS PUMPING (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016-2018. The dispute centred on the terms and conditions of employment outlined in the agreement, including wages, hours of work, and other employment-related matters. The respondent, ALWAYS PUMPING (VIC) PTY LTD, opposed the application, arguing that certain provisions of the agreement were unfair and did not comply with relevant legislative standards.

The legal issues before the court were whether the terms and conditions of employment in the agreement were fair and reasonable, and whether they complied with the requirements of the Fair Work Act 2009. The court had to consider whether the agreement provided for adequate wages and conditions, and whether it was consistent with the objectives of the Act, including promoting harmonious, productive, and cooperative workplace relations. The court also had to assess whether the agreement met the standard of being "better off overall and fairly" for the employees covered by the agreement.

After considering the evidence and arguments presented by both parties, the court found that the agreement was fair and reasonable and complied with the requirements of the Fair Work Act. The court determined that the agreement provided for adequate wages and conditions and was consistent with the objectives of the Act. The court also found that the agreement met the standard of being "better off overall and fairly" for the employees covered by the agreement. Based on these findings, the court approved the agreement.

The court's final order was that the ALWAYS PUMPING (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016-2018 be approved and registered with the Fair Work Commission. The agreement will now apply to all employees covered by it, and will remain in effect until it is replaced by a new agreement or terminated in accordance with the Fair Work Act.

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