DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5512)

PP UNIT TRUST (THE TRUSTEE FOR) T/AS PRECISION PUMPING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE PUMPING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 NOVEMBER 2017

Application for approval of the PP Unit Trust (The Trustee for) T/As Precision Pumping Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the PP Unit Trust (The Trustee for) T/As Precision Pumping Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Pumping 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 1 December 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, the PP Unit Trust (The Trustee for) T/As Precision Pumping Pty Ltd and the CFMEU (Victorian Construction and General Division), sought approval for the Concrete Pumping Enterprise Agreement 2016-2018. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement appropriately addressed the terms and conditions of employment, including wages, hours, and other conditions, in compliance with the statutory framework.

The legal issues before the FWC included whether the agreement provided for the minimum entitlements as prescribed by the Act, and if it allowed for fair and reasonable terms. The Commission had to ensure that the agreement did not unfairly disadvantage any party and that it adhered to the principles of good faith bargaining and fairness. Additionally, the FWC had to consider whether the agreement was consistent with the broader objectives of the Fair Work Act, particularly in relation to promoting harmonious, productive, and cooperative workplace relations.

The FWC found that the agreement met the legislative requirements and approved it. The Commission concluded that the agreement provided for fair and reasonable terms, met minimum entitlements, and allowed for good faith bargaining. It was deemed consistent with the broader objectives of the Fair Work Act. The decision was based on a detailed analysis of the agreement's provisions and the parties' submissions. The FWC noted the cooperative approach taken by the parties in negotiating the agreement, which contributed to its approval.

The FWC approved the Concrete Pumping Enterprise Agreement 2016-2018, effective from 1 July 2016. The agreement was set to remain in force until 30 June 2018, at which point it would be subject to further negotiation or extension. This decision provided certainty and stability to the parties involved and affirmed the FWC's role in facilitating fair and reasonable enterprise agreements.

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