DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4500)

BENJAMIN ARMSTRONG FAMILY TRUST (THE TRUSTEE FOR) T/AS ARMSTRONGS EXCAVATIONS (VIC) 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, 18 OCTOBER 2017

Application for approval of the Benjamin Armstrong Family Trust (The Trustee For) T/As Armstrongs Excavations (Vic) 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 Benjamin Armstrong Family Trust (The Trustee For) T/As Armstrongs Excavations (Vic) 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 25 October 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were the Benjamin Armstrong Family Trust trading as Armstrongs Excavations (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the approval of the Concrete Pumping Enterprise Agreement 2016-2018. The Fair Work Commission was the tribunal tasked with resolving this dispute.

The central legal issues for the tribunal to decide were whether the agreement in question complied with the relevant provisions of the Fair Work Act 2009. Specifically, the tribunal had to determine whether the agreement provided adequate protections for employees, ensured fair treatment, and adhered to the procedural requirements for approval. The tribunal also needed to consider whether the agreement met the standard of being in the best interests of the employees it covered.

In reaching its decision, the tribunal examined the agreement's provisions closely. The tribunal found that the agreement provided adequate protections for employees and ensured fair treatment. The tribunal also determined that the agreement complied with the procedural requirements for approval and met the standard of being in the best interests of the employees it covered. Consequently, the tribunal approved the Concrete Pumping Enterprise Agreement 2016-2018.

The tribunal's final orders were that the Concrete Pumping Enterprise Agreement 2016-2018 be approved. The agreement was to be registered with the Fair Work Commission and would then be in effect for the specified period, from 2016 to 2018. The tribunal also ordered that the agreement be published on the Fair Work Commission's website to ensure transparency and accessibility for all relevant parties.

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