Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 5931

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/5311)

A & R Group Unit Trust (The Trustee for) T/As Accurate Scan & Locate Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing & Drilling Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 20 NOVEMBER 2017

Application for approval of the A & R Group Unit Trust (The Trustee for) T/As Accurate Scan & Locate Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing & Drilling Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the A & R Group Unit Trust (The Trustee for) T/As Accurate Scan & Locate Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing & 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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union and the A & R Group Unit Trust (The Trustee for) T/As Accurate Scan & Locate Pty Ltd, the Fair Work Commission was tasked with deciding whether to approve the Concrete Sawing & Drilling Enterprise Agreement 2016-2018. The union and the employer sought the Commission's approval of the agreement, which had been negotiated in good faith in accordance with the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act and whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, specifically whether it was negotiated in good faith and whether it provided for fair and reasonable terms and conditions of employment. The Commission needed to consider whether the agreement provided for a fair and efficient bargaining process and whether it provided for terms and conditions that were fair and reasonable in all respects. The Commission also needed to consider whether the agreement provided for a safety net of minimum terms and conditions and whether it provided for a flexible and adaptable workforce.

In delivering its decision, the Commission found that the agreement was negotiated in good faith and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement provided for a safety net of minimum terms and conditions and provided for a flexible and adaptable workforce. The Commission also found that the agreement provided for a fair and efficient bargaining process and that the parties had made genuine efforts to reach an agreement. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved the Concrete Sawing & Drilling Enterprise Agreement 2016-2018.

The Fair Work Commission approved the Concrete Sawing & Drilling Enterprise Agreement 2016-2018, finding that it was negotiated in good faith and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement provided for a safety net of minimum terms and conditions and provided for a flexible and adaptable workforce. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved the agreement. This decision provides guidance to employers and employees in the construction, forestry, mining and energy industries on the requirements for enterprise agreements and the role of the Fair Work Commission in approving such agreements.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established