Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 4583

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/3818)

Concrete Techniques Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 4 SEPTEMBER 2017

Application for approval of the CONCRETE TECHNIQUES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the CONCRETE TECHNIQUES PTY LTD and the CFMEU (Victorian Construction and General Division) 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 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

In the Fair Work Commission, Concrete Techniques Pty Ltd, a construction company, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) sought approval of their Enterprise Agreement. The dispute centred around the terms and conditions of employment, including wages, hours of work, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable system of dispute resolution, and if the terms regarding wages and hours were compliant with the relevant industrial instruments. Furthermore, the Commission had to assess whether the agreement met the "better off overall test" and if it contained all the prescribed terms as required by the Act.

In its decision, the Commission found that the agreement satisfied the statutory requirements for approval. The dispute resolution system was deemed fair and reasonable, providing for a practical and efficient process. The wage provisions were found to be in line with the applicable awards and regulations, and the agreement was considered to meet the better off overall test, offering improvements in various conditions of employment. The Commission approved the Enterprise Agreement, noting the parties' cooperative approach in negotiating the terms.

The Commission made an order approving the Concrete Techniques Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was to be registered and would apply to the employees of Concrete Techniques Pty Ltd from 1 July 2016 to 30 June 2018, subject to the terms and conditions set out in the approved agreement.

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