DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6073)

CONCRETE CORING AND CUTTING 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 GREGORY	MELBOURNE, 19 DECEMBER 2017

Application for approval of the Concrete Coring and Cutting 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 Concrete Coring and Cutting 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Concrete Coring and Cutting Pty Ltd and the Concrete and Construction Mining and Energy Union (Victorian Construction and General Division) applied to the Fair Work Commission for approval of their enterprise agreement. The agreement was in respect of concrete sawing and drilling services. The parties submitted that the agreement had been negotiated in good faith and that it complied with the requirements of the Fair Work Act 2009. The applicant opposed the application, contending that the agreement did not comply with the Act. The Fair Work Commission was required to determine whether the agreement complied with the requirements of the Fair Work Act and whether it had been negotiated in good faith.

The Fair Work Commission held that the agreement did comply with the requirements of the Fair Work Act and that it had been negotiated in good faith. The applicant's opposition to the application was rejected. The Commission found that the agreement included provisions that met the requirements of the Fair Work Act. The agreement provided for the establishment of a concrete sawing and drilling enterprise committee, which would be responsible for the negotiation of any future enterprise agreements. The agreement also included provisions for the protection of employees' rights, including provisions for minimum rates of pay and leave entitlements. The Commission found that the agreement had been negotiated in good faith and that it was in the best interests of the employees.

The Fair Work Commission approved the agreement. The Commission found that the agreement was fair and reasonable and that it complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for the establishment of an enterprise committee, which would be responsible for the negotiation of any future enterprise agreements. The Commission also noted that the agreement included provisions for the protection of employees' rights, including provisions for minimum rates of pay and leave entitlements. The Commission found that the agreement was in the best interests of the employees and that it should be approved.

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