DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1400)

CONCRETE TESTING SERVICES PTY LTD T/AS WEST-TEST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 MAY 2018

Application for approval of the Concrete Testing Services Pty Ltd T/As West-Test 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 Concrete Testing Services Pty Ltd T/As West-Test 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. 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 11 May 2018 and, in accordance with s.54, will operate from 18 May 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Concrete Testing Services Pty Ltd T/As West-Test and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was made under section 231 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees of Concrete Testing Services Pty Ltd, and the Commission was required to determine whether the agreement met the criteria for registration under the Act.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it complied with the procedural requirements of the Act. Additionally, the Commission needed to consider whether the agreement provided for appropriate mechanisms for the resolution of disputes between the parties. The CFMEU argued that the agreement was a genuine enterprise agreement that was made in good faith and that it provided for appropriate mechanisms for the resolution of disputes. Concrete Testing Services Pty Ltd did not oppose the application, but it did not actively participate in the proceedings.

After considering the evidence and arguments presented by the parties, the Commission found that the agreement was a genuine enterprise agreement that was made in good faith and that it complied with the procedural requirements of the Act. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes between the parties. Accordingly, the Commission approved the agreement.

The Commission ordered that the Concrete Testing Services Pty Ltd T/As West-Test and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be registered under section 173 of the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement was to apply to all employees of Concrete Testing Services Pty Ltd who were covered by the agreement, and it was to remain in force until it was terminated or varied in accordance with the 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