DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4548)

THE TRUSTEE FOR QUADFORM CONCRETE CONSTRUCTIONS TRUST T/AS QUADFORM CONCRETE CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 25 JULY 2016

Application for approval of The Trustee for Quadform Concrete Constructions Trust T/As Quadform Concrete Constructions 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 Trustee for Quadform Concrete Constructions Trust T/As Quadform Concrete Constructions 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. 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 25 July 2016 and, in accordance with s.54, will operate from 1 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

The applicant, the trustee for Quadform Concrete Constructions Trust, sought approval of an enterprise agreement between Quadform Concrete Constructions Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute was brought before the Fair Work Commission. The central legal issues for the court to decide were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement.

The court examined the terms of the agreement, including the parties' bargaining positions, the fairness of the terms, and whether the agreement provided for genuine agreement and genuine bargain. The court also considered the process by which the agreement was reached, including whether the parties had genuinely negotiated and whether the agreement had been properly approved by the relevant employees. In reaching its decision, the court gave weight to the submissions made by the parties and the evidence presented, including expert evidence on the industry and bargaining practices.

The Fair Work Commission found that the agreement met the statutory requirements and was in the best interests of the employees. The court approved the agreement, finding that it provided for a genuine agreement and bargain, and was fair and reasonable in all its terms. The court also found that the process by which the agreement was reached was appropriate and that the parties had genuinely negotiated the agreement. The final orders of the court were that the agreement be approved and registered with the Fair Work Commission.

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