Construction, Forestry, Mining and Energy Union Summary

[2017] FWCA 4416

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/3357)

All trenching & boring services Pty Ltd T/As All Trenching & Boring Services and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 25 AUGUST 2017

Application for approval of the All Trenching & Boring Services Pty Ltd T/As All Trenching & Boring Services 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 All Trenching & Boring Services Pty Ltd T/As All Trenching & Boring Services 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 1 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 Fair Work Commission was presented with an application for the approval of the All Trenching & Boring Services Pty Ltd trading as All Trenching & Boring Services and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016 to 2018. The application was made by the union under section 233 of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment within the trenching and boring services industry, specifically concerning wages, working hours, leave entitlements, and other employment-related matters. The Commission was required to determine whether the enterprise agreement met the legal criteria for approval, including ensuring it provided for a fair and efficient workplace and did not adversely affect the operation of the business.

The legal issues before the Commission centred on whether the agreement provided for a fair and efficient workplace, whether it ensured fair and reasonable terms and conditions of employment, and whether it contained provisions that did not adversely affect the operation of the business. The Commission had to carefully consider the specific terms of the agreement and assess them against the statutory requirements outlined in the Fair Work Act. The Commission also had to ensure that the agreement did not contain any provisions that were contrary to public policy or that could potentially undermine the broader labour market.

The Fair Work Commission found that the All Trenching & Boring Services Pty Ltd and CFMEU Enterprise Agreement 2016 to 2018 met the criteria for approval. The Commission was satisfied that the agreement provided for a fair and efficient workplace, established fair and reasonable terms and conditions of employment, and did not contain any provisions that would adversely affect the operation of the business. The Commission also determined that the agreement did not contravene any public policy considerations and would not undermine the broader labour market. Consequently, the application for approval was granted.

The final orders of the Commission included the approval of the All Trenching & Boring Services Pty Ltd and CFMEU Enterprise Agreement 2016 to 2018, effective from the date of the decision. The agreement was to be registered and made available for public inspection, and it was to apply to all employees covered by the agreement. The decision ensured that the terms and conditions of employment within the trenching and boring services industry were governed by a legally compliant and fair enterprise 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