DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1828)

RIPA CONCRETE PUMPING 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, 2 JUNE 2017

Application for approval of the RIPA Concrete Pumping 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 RIPA Concrete Pumping 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 9 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) lodged an application for approval of the Concrete Pumping Enterprise Agreement 2016-2018 between RIPA Concrete Pumping Pty Ltd and the CFMEU (Victorian Construction and General Division). The key issue before the Commission was whether the agreement complied with the statutory requirements for enterprise agreements and whether it was in the best interests of the employees.

The Commission noted that the agreement had been negotiated in good faith and covered the full range of permitted topics under the Fair Work Act 2009. It included provisions for wages, conditions of employment, dispute resolution mechanisms, and other matters relevant to the industry. The Commission also considered that the agreement was in the best interests of the employees, as it provided for a fair and reasonable outcome that took into account the needs and interests of both parties. The Commission was satisfied that the agreement met all the statutory requirements for enterprise agreements and approved it accordingly.

The Commission's decision to approve the agreement was based on its finding that the agreement was a bona fide enterprise agreement and that it complied with the statutory requirements for enterprise agreements. The Commission also found that the agreement was in the best interests of the employees and that it provided for a fair and reasonable outcome. The Commission noted that the agreement had been negotiated in good faith and that it covered all the permitted topics for enterprise agreements. The Commission's approval of the agreement was therefore based on a thorough consideration of the evidence and the relevant legal principles.

The Commission approved the Concrete Pumping Enterprise Agreement 2016-2018 between RIPA Concrete Pumping Pty Ltd and the CFMEU (Victorian Construction and General Division). The Commission found that the agreement was a bona fide enterprise agreement that complied with the statutory requirements for enterprise agreements and that it was in the best interests of the employees. The Commission's decision to approve the agreement was based on a detailed analysis of the evidence and the relevant legal principles.

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