DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2391)

AZZCON CONCRETE PUMPING 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, 29 JUNE 2018

Application for approval of the AZZCON CONCRETE PUMPING 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 AZZCON CONCRETE PUMPING 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 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 case involved an application for the approval of the AZZCON CONCRETE PUMPING PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016 - 2018. The application was made to the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including the criteria set out in the Fair Work Act.

The central legal issue was whether the agreement fulfilled all the necessary conditions for approval, particularly under section 231 of the Fair Work Act. This section stipulates that an enterprise agreement must be certified as "free, fair and valid" by the Fair Work Commission, which requires, among other things, that the agreement was not made under duress or pressure and that it was not made for the purpose of undermining industrial action. The court had to determine if the agreement satisfied these criteria and whether it complied with the broader requirements of the Fair Work Act.

In considering these issues, the Fair Work Commission examined the negotiation process and the content of the agreement. The Commission found that the agreement was made without any duress or improper influence and that it contained all the necessary provisions required by the Fair Work Act. The Commission also concluded that the agreement was not made to undermine any potential industrial action and that it was fair and valid. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission's decision to approve the agreement was based on the evidence presented, which demonstrated that the agreement met all the legal requirements for approval under the Fair Work Act. The Commission's decision was a detailed analysis of the negotiation process and the content of the agreement, leading to the conclusion that the agreement was free, fair, and valid.

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