DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1850)

THE RT & CJ INGLIS FAMILY TRUST (THE TRUSTEE FOR) T/AS INGLIS CONCRETE CUTTING 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 CIRKOVIC	MELBOURNE, 23 MAY 2018

Application for approval of The RT & CJ Inglis Family Trust (The Trustee For) T/As Inglis Concrete Cutting 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 RT & CJ Inglis Family Trust (The Trustee For) T/As Inglis Concrete Cutting 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 23 May 2018 and, in accordance with s.54, will operate from 30 May 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and The RT & CJ Inglis Family Trust (The Trustee For) T/As Inglis Concrete Cutting Pty Ltd were parties to an application for the approval of an enterprise agreement. The CFMEU sought approval for the Concrete Sawing and Drilling Enterprise Agreement 2016-2018, which was intended to cover the employees of Inglis Concrete Cutting Pty Ltd. The legal issues that the Commission needed to decide included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009 and whether the agreement complied with the requirements for good faith bargaining and the provisions regarding the protection of employees’ interests.

The Commission began by considering the process through which the agreement was made. It was noted that the agreement was the product of negotiations between the CFMEU and Inglis Concrete Cutting Pty Ltd. The Commission examined whether the bargaining was conducted in good faith, whether there was sufficient consultation, and whether the agreement addressed the substantive matters raised during the negotiations. The Commission also assessed whether the agreement met the statutory requirements, including whether it provided for minimum rates of pay and conditions that were not less favourable than the applicable award or safety net award. Additionally, the Commission considered whether the agreement included appropriate mechanisms for resolving disputes and whether it adequately protected the interests of employees.

After thorough consideration, the Commission concluded that the agreement had been made in accordance with the Fair Work Act 2009 and that it met the statutory requirements for approval. The Commission found that the bargaining process was conducted in good faith, with sufficient consultation between the parties. The agreement was deemed to provide for minimum rates of pay and conditions that were not less favourable than the applicable award, and it included appropriate mechanisms for resolving disputes. Furthermore, the Commission was satisfied that the agreement adequately protected the interests of employees. Accordingly, the Commission approved the Concrete Sawing and Drilling Enterprise Agreement 2016-2018.

The Fair Work Commission approved the Concrete Sawing and Drilling Enterprise Agreement 2016-2018, effective from the date of the decision. The approval was based on the finding that the agreement was made in good faith and met all statutory requirements, including providing for minimum rates of pay and conditions, containing dispute resolution mechanisms, and protecting the interests of employees.

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