Construction, Forestry, Mining and Energy Union

[2014] FWCA 7216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9303)

PRO CORE CONCRETE CUTTING & SAWING PTY LTD T/AS AUSCUT - THE CONCRETE CUTTERS AND THE CFMEU CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 14 OCTOBER 2014

Application for approval of the Pro Core Concrete Cutting & Sawing Pty Ltd T/As Auscut - The Concrete Cutters and the CFMEU Concrete Sawing and Drilling Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Pro Core Concrete Cutting & Sawing Pty Ltd T/As Auscut - The Concrete Cutters and the CFMEU Concrete Sawing and Drilling Enterprise Agreement 2011-2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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, will operate from 21 October 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Pro Core Concrete Cutting & Sawing Pty Ltd T/As Auscut - The Concrete Cutters and the CFMEU Concrete Sawing and Drilling Enterprise Agreement 2011-2015. The dispute arose over whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The CFMEU argued that the agreement was fair and reasonable, while Pro Core contended that certain provisions did not meet the statutory requirements.

The court was required to determine if the agreement complied with the criteria set forth in the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and if it was certified by an independent certifier as meeting the "better off overall test." Additionally, the court had to examine whether the agreement provided for genuine bargaining, which was contested by Pro Core.

The Fair Work Commission held that the agreement was fair and reasonable, despite some reservations about certain provisions. The Commission found that the agreement had been genuinely bargained and met the "better off overall test." The court noted that while there were some areas of concern, the overall balance of the agreement favoured its approval. The Commission approved the agreement, acknowledging that it provided for fair and reasonable terms and conditions for the employees covered by it.

The Fair Work Commission approved the Pro Core Concrete Cutting & Sawing Pty Ltd T/As Auscut - The Concrete Cutters and the CFMEU Concrete Sawing and Drilling Enterprise Agreement 2011-2015, subject to the conditions and modifications outlined in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established