DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4537)

PRESTIGE SAW 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 ROE	MELBOURNE, 22 JULY 2016

Application for approval of the Prestige Saw 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 Prestige Saw 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. 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 22 July 2016 and, in accordance with s.54, will operate from 29 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Prestige Saw Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018, the Fair Work Commission heard the application and determined the issues. The dispute arose between Prestige Saw Pty Ltd, a small construction company, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), a trade union representing workers in the construction industry. The enterprise agreement in question sought to regulate terms and conditions of employment for employees engaged in concrete sawing and drilling by Prestige Saw Pty Ltd.

The legal issues before the Commission were whether the enterprise agreement complied with the statutory requirements of the Fair Work Act 2009, including whether it had been negotiated in good faith and whether it contained the mandated minimum terms and conditions. Additionally, the Commission had to determine if the agreement was in the best interests of the employees and the company.

The Commission found that the enterprise agreement had been negotiated in good faith and contained the mandated minimum terms and conditions. It noted that the agreement provided for reasonable working hours, appropriate levels of pay and benefits, and addressed specific issues relevant to the industry. Furthermore, the Commission was satisfied that the agreement was in the best interests of the employees and the company, promoting productivity and maintaining a harmonious workplace. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Prestige Saw Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018, finding it to be in compliance with the statutory requirements and in the best interests of the employees and the company.

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