DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2604)

PRECAST FIX PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2018

Application for approval of the PRECAST FIX PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the PRECAST FIX 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.

[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 6 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union, on behalf of its members, sought approval for the PRECAST FIX PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The applicant, PRECAST FIX PTY LTD, a small business engaged in the precast concrete manufacturing industry, entered into an enterprise agreement with the union. The matter was heard by the Fair Work Commission, specifically Commissioner McCabe, who was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issues before the court involved assessing whether the enterprise agreement adhered to the procedural and substantive requirements of the Fair Work Act. This included verifying that the agreement was made in good faith and that it contained certain mandatory terms. The union argued that the agreement was fair and appropriate given the nature of the business and its specific circumstances. The employer, on the other hand, expressed concerns about the impact of the agreement on its operational flexibility and financial viability.

Commissioner McCabe found that the agreement was made in good faith and contained all the mandatory terms required by the Fair Work Act. The commissioner considered the specific context of the small business and the nature of the industry, concluding that the agreement was fair and reasonable. The decision was made on the basis that the agreement balanced the needs of the employees with the operational realities of the employer, ensuring that the agreement was not overly burdensome for the small business. The commissioner approved the enterprise agreement, recognising the unique challenges faced by small enterprises in the precast concrete manufacturing industry.

The final orders of the commission included the approval of the enterprise agreement, which was to be registered with the Fair Work Commission. This decision underscored the importance of considering the specific circumstances of small businesses when assessing the fairness and reasonableness of enterprise agreements.

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