DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/830)

CONNOR CONCRETE & FORMWORK PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2018

Application for approval of the Connor Concrete & Formwork Pty Ltd 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 Connor Concrete & Formwork Pty Ltd 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 5 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 case involved Connor Concrete & Formwork Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), specifically its Victorian Construction and General Division. The dispute pertained to the application for the approval of their Enterprise Agreement for the period 2016-2018. The matter was heard in the Fair Work Commission of Australia.

The primary legal issue before the Commission was whether the Enterprise Agreement met the requirements of the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was genuinely agreed upon by both parties. Furthermore, the Commission needed to determine if the agreement contained any provisions that were contrary to public policy or not genuinely intended to be part of the agreement.

The Fair Work Commission found that the Enterprise Agreement was generally fair and reasonable, and it was genuinely agreed upon by both parties. However, there were certain provisions that were found to be contrary to public policy, specifically those that related to the classification and rates of pay for certain employees. These provisions were deemed to be unfair as they did not provide for a fair and reasonable rate of pay for the employees in question. The Commission ultimately approved the agreement with some modifications to address the public policy concerns.

The Fair Work Commission approved the Enterprise Agreement with modifications, ensuring that it complied with the requirements of the Fair Work Act 2009. The modifications primarily involved changes to the classification and rates of pay provisions to address the public policy concerns. The final orders of the Commission required the parties to implement the modified agreement and ensure compliance with the approved terms and conditions.

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