DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2966)

PETER & TRACEY SARDI T/AS SARDI CONCRETE CONSTRUCTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 AUGUST 2017

Application for approval of the Peter & Tracey Sardi T/As Sardi Concrete Constructions and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Peter & Tracey Sardi T/As Sardi Concrete Constructions 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.

[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 9 August 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Peter & Tracey Sardi trading as Sardi Concrete Constructions, applied for approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission. The central dispute was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the good faith bargaining requirement, if it contained all the mandatory terms and conditions, and whether it complied with the public interest test. The Commission had to assess if the agreement was fair and reasonable, taking into account the broader economic and social context.

The Fair Work Commission determined that the enterprise agreement was fair and reasonable. The Commission found that the agreement was the product of good faith bargaining, contained all mandatory terms, and met the public interest test. The Commission approved the agreement, finding it to be fair and reasonable, and noted that it balanced the interests of both the employer and the employees. The Commission's decision was grounded in a comprehensive review of the bargaining process, the terms of the agreement, and its implications for the broader economy and workforce.

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