DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3752)

MERIDIAN CONCRETE VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Cement and concrete products
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the Meridian Concrete Vic 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 Meridian Concrete Vic 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 7 July 2016 and, in accordance with s.54, will operate from 14 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Meridian Concrete Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and whether it contained terms that were contrary to the public interest.

The primary legal issues before the Commission were whether the enterprise agreement was genuinely negotiated and if its terms were consistent with the requirements of the Fair Work Act. The Commission had to consider the procedural fairness of the negotiation process and the substantive fairness of the terms themselves, including provisions on wages, conditions, and dispute resolution mechanisms. Additionally, the Commission needed to assess whether any terms contravened the public interest by potentially undermining public health and safety standards.

The Fair Work Commission determined that the enterprise agreement had been genuinely negotiated and that its terms were consistent with the Fair Work Act. The Commission found that the negotiation process was procedurally fair and that the agreement's terms were substantively fair. It held that the agreement did not contain any terms that were contrary to the public interest, particularly noting that it did not undermine public health and safety standards. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Meridian Concrete Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from 1 July 2016 to 30 June 2018. The Commission's decision affirmed the agreement's validity and its compliance with the statutory requirements under the Fair Work Act.

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