DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/881)

MARINE PARADE PTY LTD T/AS CUTTING FORCE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 5 APRIL 2018

Application for approval of the Marine Parade Pty Ltd T/As Cutting Force 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 Marine Parade Pty Ltd T/As Cutting Force 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.

[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 12 April 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between Marine Parade Pty Ltd T/As Cutting Force and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around whether the proposed terms and conditions in the agreement complied with the Fair Work Act 2009. The Fair Work Commission was tasked with determining the merits of the application and whether the agreement should be formally approved.

The primary legal issues that the Commission had to address were whether the Enterprise Agreement complied with the requirements of the Fair Work Act, particularly focusing on the provisions concerning minimum wages, penalties, and other employment conditions. The Commission also needed to consider whether the agreement provided for the fair and equitable treatment of employees and whether it met the 'better off overall test'. This test required the Commission to determine if the agreement would provide employees with a minimum of the national minimum wage and award entitlements, as well as other benefits that would make them better off overall than under their existing conditions.

In reaching its decision, the Commission thoroughly examined the provisions of the Enterprise Agreement and considered submissions from both parties. The Commission found that the proposed agreement met the statutory requirements under the Fair Work Act, including the better off overall test. The agreement provided for fair wages and conditions that were at least equivalent to the national minimum wage and relevant award entitlements, and it also included additional benefits that made employees better off overall. Consequently, the Commission approved the Enterprise Agreement, finding it to be fair and reasonable in all respects.

The final orders of the Commission were that the Enterprise Agreement between Marine Parade Pty Ltd T/As Cutting Force and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018 be approved, effective from the date of the decision. The approval was contingent upon the agreement being registered with the Fair Work Commission in accordance with the statutory requirements.

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