Construction, Forestry, Mining and Energy Union

[2017] FWCA 4595

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/3885)

Concut Solutions Pty Ltd T/As Concut Solutions 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, 4 SEPTEMBER 2017

Application for approval of the Concut Solutions Pty Ltd T/As Concut Solutions and the CFMEU (Victorian Construction And General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018.

An application has been made for approval of an enterprise agreement known as the Concut Solutions Pty Ltd T/As Concut Solutions 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 the 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 11 September 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 matter before the Fair Work Commission involved an application for the approval of the Concut Solutions Pty Ltd T/As Concut Solutions and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018. The applicant, Concut Solutions, sought the Commission's approval of the enterprise agreement, while the CFMEU supported the application. The dispute centred around whether the proposed agreement met the statutory requirements for enterprise agreements as set out in the Fair Work Act 2009.

The central legal issues the Commission needed to address were whether the agreement provided for the terms and conditions of employment of the employees covered by the agreement in a fair and reasonable manner, and whether it included all the minimum terms and conditions as required by the Fair Work Act. The Commission also considered whether the agreement had been fairly negotiated and whether it complied with the relevant provisions of the Act.

In reaching its decision, the Commission examined the process of negotiation and the content of the agreement. It was noted that the agreement had been negotiated in good faith and that it included all the prescribed minimum terms and conditions. The Commission was satisfied that the terms of the agreement were fair and reasonable, taking into account the nature of the industry and the bargaining positions of the parties. Consequently, the Commission approved the enterprise agreement, finding it met all the necessary legal criteria.

The Fair Work Commission approved the Concut Solutions Pty Ltd T/As Concut Solutions and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018. The approval is subject to the terms and conditions set out in the agreement, and it will apply to the employees covered by the agreement from the specified commencement date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established