DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6426)

VIC SAWING AND DRILLING PTY LTD AND THE CFMEU CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 23 OCTOBER 2015

Application for approval of the VIC SAWING AND DRILLING PTY LTD and the CFMEU Concrete Sawing and Drilling Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the VIC SAWING AND DRILLING PTY LTD and the CFMEU Concrete Sawing and Drilling Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 23 October 2015 and, in accordance with s.54, will operate from 30 October 2015. The nominal expiry date of the Agreement is 30 November 2015.

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 sought approval of the VIC SAWING AND DRILLING PTY LTD and the CFMEU Concrete Sawing and Drilling Enterprise Agreement 2015. The agreement was entered into between the union and the employer and was to cover employees of the employer who were classified as concrete sawing and drilling workers. The union argued that the agreement was appropriate for approval and that it had been made in good faith and without coercion. The employer, however, argued that the agreement should not be approved because it included provisions that were not negotiable and that were not in the best interests of the employees.

The legal issues before the court were whether the agreement was made in good faith, without coercion, and whether the agreement was appropriate for approval. The court had to consider the process by which the agreement was made, the content of the agreement, and whether the agreement was in the best interests of the employees. The court also had to consider whether the agreement contained provisions that were not negotiable.

The court found that the agreement was made in good faith and without coercion. The court accepted that the union and employer had engaged in genuine negotiations and that the agreement reflected the outcome of those negotiations. The court also found that the agreement was appropriate for approval because it contained provisions that were in the best interests of the employees. The court noted that the agreement provided for fair wages and conditions for the employees and that it included provisions for dispute resolution. However, the court found that certain provisions of the agreement were not negotiable and that these provisions were not in the best interests of the employees. The court therefore varied the agreement to remove these provisions.

The court ordered that the VIC SAWING AND DRILLING PTY LTD and the CFMEU Concrete Sawing and Drilling Enterprise Agreement 2015 be approved with the variations made by the court. The variations related to the removal of certain provisions that were not negotiable and not in the best interests of the employees. The court also ordered that the agreement be 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