DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5585)

CORCRETE GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the Corcrete Group 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 Corcrete Group 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, 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the applicant, sought approval for the Corcrete Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The respondent, Corcrete Group Pty Ltd, opposed the application on several grounds, leading to the matter being heard by the Fair Work Commission. The central dispute revolved around the validity and fairness of the proposed enterprise agreement, particularly in relation to its compliance with the Fair Work Act 2009 and the broader principles of fairness and reasonableness as required by the Fair Work Act.

The legal issues that the Commission was required to address included whether the agreement met the statutory requirements for approval, including whether it was made in accordance with the relevant provisions of the Fair Work Act, and whether it was free from any prohibited content. Additionally, the Commission had to assess whether the agreement was procedurally sound, ensuring that it was made without any contravention of the Act and that it had been fairly and appropriately negotiated. The fairness of the agreement, particularly in terms of its impact on employees, was also scrutinized to determine if it met the standards of reasonableness and equity.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the application for approval should be granted. The Commission found that the agreement was made in accordance with the Fair Work Act and did not contain any prohibited content. It was determined that the agreement was procedurally sound, having been negotiated in good faith and without any contravention of the Act. Furthermore, the Commission found the agreement to be fair and reasonable, taking into account the interests of both employees and the employer. The Commission's decision was based on a comprehensive assessment of the agreement's provisions, the negotiation process, and its overall impact on the parties involved.

The final orders of the Fair Work Commission approved the Corcrete Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, allowing it to come into effect as intended. The Commission's approval was contingent on the agreement being implemented in accordance with the terms and conditions set out in the decision.

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