DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5669)

ELITE CONCRETE DRILLING & SAWING 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 GREGORY	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the Elite Concrete Drilling & Sawing 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 Elite Concrete Drilling & Sawing 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, 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, 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 22 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Enterprise Agreement between Elite Concrete Drilling & Sawing Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The dispute centred on the terms of the agreement and whether they complied with the relevant provisions of the Fair Work Act 2009. The Commission was required to determine if the agreement met the necessary standards for approval under the Act, including whether it provided for the minimum entitlements of employees and whether it had been made in good faith and without coercion.

The legal issues before the Commission included whether the agreement adequately provided for the minimum entitlements of employees, whether the agreement had been made in good faith and without coercion, and whether the agreement met the requirements for approval under section 233 of the Fair Work Act 2009. The Commission also needed to consider whether any provisions in the agreement were contrary to public policy or contrary to any other provision of the Act. The Commission had to balance the need to protect the rights of employees with the need to allow flexibility in the terms of employment agreements.

The Commission found that the agreement met the necessary standards for approval under the Act. The agreement provided for the minimum entitlements of employees, including minimum rates of pay, leave entitlements, and other conditions of employment. The Commission was satisfied that the agreement had been made in good faith and without coercion. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or any other provision of the Act. The Commission approved the agreement, and it came into effect on 1 July 2016. The decision provides guidance to employers and unions on the requirements for an enterprise agreement under the Fair Work Act 2009.

Construction, Forestry, 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