DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2126)

AUSTRALIAN PUMPING PLANT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE PUMPING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 JUNE 2017

Application for approval of the Australian Pumping Plant Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Pumping Plant Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Pumping 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 27 June 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 was an application for the approval of the Concrete Pumping Enterprise Agreement 2016 - 2018 between the Australian Pumping Plant Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The applicant union sought approval of the agreement under section 230 of the Fair Work Act 2009. The employer opposed the application on the basis that the agreement failed to meet the "better off overall test" as required by section 234 of the Act.

The central issue before the Commission was whether the agreement was in accordance with the provisions of the Act and whether it met the "better off overall test." The employer argued that the agreement did not meet the requirements of the Act because it provided for lower wages and conditions than those provided for in the relevant Award, and therefore failed to meet the "better off overall test." The union argued that the agreement was fair and reasonable and met the "better off overall test" because it provided for improved conditions and benefits for employees.

In determining the matter, the Commission considered the provisions of the Act and the relevant Award. The Commission found that the agreement provided for lower wages and conditions than those provided for in the Award, and therefore did not meet the "better off overall test." However, the Commission also found that the agreement provided for improved conditions and benefits for employees, including provisions for increased paid leave, increased superannuation contributions, and the establishment of a training fund. The Commission concluded that the agreement was fair and reasonable and met the requirements of the Act. The application for approval was therefore granted.

The Commission approved the Concrete Pumping Enterprise Agreement 2016 - 2018, subject to certain conditions. The agreement will now apply to employees of the Australian Pumping Plant Pty Ltd who are covered by the agreement.

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