DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1224)

ELITE CRETE PLACEMENT SPECIALISTS PTY LTD T/AS ELITE CRETE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 16 APRIL 2018

Application for approval of the Elite Crete Placement Specialists Pty Ltd T/As Elite Crete 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 Elite Crete Placement Specialists Pty Ltd T/As Elite Crete 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 23 April 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 matter before the court involved an application for the approval of a specific enterprise agreement. The applicants were the Elite Crete Placement Specialists Pty Ltd trading as Elite Crete and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The nature of the dispute centred on the terms of the proposed Enterprise Agreement 2016-2018. The Fair Work Commission, which had the authority to make such determinations, was the body that heard and decided the case.

The central legal issues that the Commission was required to address involved whether the agreement met all the statutory requirements under the Fair Work Act 2009. This included verifying that the agreement was made in good faith and that it contained the necessary provisions regarding minimum wages and other employment conditions. Additionally, the Commission needed to consider whether the agreement was likely to achieve a productive workplace relationship between the employer and employees and if it appropriately balanced the interests of both parties.

In reaching its decision, the Fair Work Commission examined the specifics of the proposed agreement, taking into account submissions from both parties and any relevant precedents. The Commission found that the agreement contained all the required provisions and that it was made in good faith. It was determined that the agreement would likely contribute to a productive workplace relationship and fairly balanced the interests of the employer and employees. Consequently, the Commission approved the Enterprise Agreement 2016-2018. The approval signified that the agreement could be registered and enforced as a binding instrument under the Fair Work 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