DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3230)

PRESTIGE SAW 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 GREGORY	MELBOURNE, 27 JULY 2018

Application for approval of the PRESTIGE SAW PTY LTD 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 PRESTIGE SAW 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.

[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 3 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

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and PRESTIGE SAW PTY LTD. The nature of the dispute centred around the application for approval of the Concrete Sawing and Drilling Enterprise Agreement 2016-2018. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal. The CFMEU sought approval for the enterprise agreement, which aimed to govern the terms and conditions of employment for workers within the concrete sawing and drilling industry.

The primary legal issue before the Commission was whether the enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009. This included ensuring that the agreement was certified as "bargained for" by an independent certifier, and that it contained the necessary minimum terms and conditions, including those related to pay, leave, and dispute resolution. The Commission also had to consider whether the agreement complied with the "better off overall test" (BOOT), which ensures that the terms of the agreement are not worse than the applicable awards or other agreements.

The Fair Work Commission found that the enterprise agreement met the necessary requirements for approval. The Commission was satisfied that the agreement had been independently certified and contained the required minimum terms and conditions. Furthermore, the Commission determined that the agreement passed the better off overall test, as it provided workers with benefits that were not available under the applicable awards or other agreements. Consequently, the Commission approved the Concrete Sawing and Drilling Enterprise Agreement 2016-2018, and it will now govern the terms and conditions of employment for workers within the concrete sawing and drilling industry.

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