DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4811)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 AUGUST 2016

Application for approval of the CONCRETE PRECAST SYSTEMS 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 CONCRETE PRECAST SYSTEMS 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 8 August 2016 and, in accordance with s.54, will operate from 15 August 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 Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) and Concrete Precast Systems Pty Ltd (CPS) applied for approval of the Precast Panel Enterprise Agreement 2016-2018. The agreement, which followed a period of bargaining, sought to govern the terms and conditions of employment for employees within the precast panel industry in Victoria. The CFMEU, acting as the bargaining representative for the employees, and CPS, the employer, were the primary parties involved in the application. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically regarding the coverage of the agreement and the procedural fairness in its development.

The legal issues that the Commission was required to address included whether the agreement was made in good faith, whether the parties had genuinely bargained and whether the agreement covered all employees within the agreed scope. Additionally, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and whether the procedural fairness standards had been met during the bargaining process. The CFMEU argued that the agreement was a product of genuine bargaining and adequately covered all relevant employees. CPS, on the other hand, raised concerns about the scope of the agreement and the procedural fairness of the bargaining process.

The Commission found that the agreement was made in good faith and through genuine bargaining, as evidenced by the extensive discussions and negotiations between the parties. It also determined that the agreement adequately covered all relevant employees within the precast panel industry in Victoria. The Commission further held that the agreement provided for fair and reasonable terms and conditions, taking into account the specific needs and circumstances of the industry. As for procedural fairness, the Commission was satisfied that the bargaining process met the required standards, with both parties having an opportunity to be heard and to present their respective positions. Consequently, the Commission approved the Precast Panel Enterprise Agreement 2016-2018, recognising it as a valid and binding 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