DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5136)

HOLLOW CORE CONCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 AUGUST 2016

Application for approval of the Hollow Core Concrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Hollow Core Concrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel 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 2 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

The applicant, Hollow Core Concrete Pty Ltd, applied for the approval of the Precast Panel Enterprise Agreement 2016-2018 with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard in the Fair Work Commission, with the applicant represented by counsel and the union by an authorised officer. The legal issues before the Commission centred on whether the agreement met the statutory criteria for approval under the Fair Work Act 2009, specifically whether it was a genuine enterprise agreement, covered the requisite period, and did not unfairly discriminate against employees. The Commission examined the negotiation process, the content of the agreement, and the coverage of its terms. It also assessed whether the agreement was made in good faith and if it contained provisions that were necessary to prevent, mitigate, or remedy an unfair workplace practice.

In its reasoning, the Commission found that the agreement was genuinely negotiated between the parties and met the statutory requirements for approval. The Commission noted the rigorous negotiation process and the absence of any evidence suggesting bad faith. It also concluded that the agreement covered the appropriate period and did not unfairly discriminate against employees. The Commission further found that the terms of the agreement were necessary to prevent, mitigate, or remedy an unfair workplace practice. After thorough consideration of the evidence and arguments presented, the Commission determined that the agreement complied with the statutory criteria for approval. The Commission approved the agreement, finding it to be a genuine enterprise agreement that met the necessary requirements 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