DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2544)

MELBOURNE CONCRETE RECTIFICATION TRUST (ATF) T/AS MELBOURNE CONCRETE RECTIFICATION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 JULY 2017

Application for approval of the Melbourne Concrete Rectification Trust (ATF) T/As Melbourne Concrete Rectification Pty Ltd 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 Melbourne Concrete Rectification Trust (ATF) T/As Melbourne Concrete Rectification 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.

[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 18 July 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 case were the Melbourne Concrete Rectification Trust (ATF) trading as Melbourne Concrete Rectification Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around the application for the approval of the Melbourne Concrete Rectification Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was heard in the Fair Work Commission, the body responsible for overseeing workplace relations and ensuring compliance with the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, and if the agreement was in the best interests of the employees it was intended to cover. The Commission had to determine whether the agreement met the necessary standards for approval, such as the presence of genuine bargaining, the provision of adequate information to employees, and the absence of any unfair terms. Additionally, the Commission had to assess whether the agreement would have a detrimental effect on the employees' overall conditions of employment.

The Fair Work Commission considered the evidence and arguments presented by both parties and concluded that the proposed enterprise agreement did indeed meet the requirements of the Fair Work Act. The Commission found that genuine bargaining had occurred, and the necessary information had been provided to the employees. Furthermore, the Commission was satisfied that the agreement would not have any detrimental effects on the employees' overall conditions of employment. As a result, the Fair Work Commission approved the Melbourne Concrete Rectification Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

The Fair Work Commission's decision was to approve the enterprise agreement, which was subsequently registered under the Fair Work Act. The agreement now serves as a binding contract between Melbourne Concrete Rectification Pty Ltd and the employees covered by the agreement, governing their employment terms and conditions. This decision ensures that the agreement remains in force and effect, providing a framework for the continued operation of the workplace and the relationship between the employer and employees.

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