DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1515)

COMPLETE PRECAST SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

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

Application for approval of the Complete Precast Services 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 Complete Precast Services 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 May 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of an enterprise agreement between Complete Precast Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The union sought approval of the agreement, which was entered into after negotiations between the parties, aiming to regulate the terms and conditions of employment for the employees of Complete Precast Services Pty Ltd. The legal issues the court had to address were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including ensuring that it provided for fair and reasonable terms and conditions, and whether it adhered to the process outlined in the Act for such agreements.

The court examined the terms of the agreement to determine if they provided for fair and reasonable terms and conditions, considering factors such as pay rates, working hours, and other employment conditions. It also assessed whether the agreement was made in good faith and whether it complied with the procedural requirements of the Fair Work Act. The court considered the submissions from both parties and the broader context of the industry, including any relevant awards and enterprise agreements. The court found that the agreement contained provisions that were fair and reasonable, and that it was made in good faith. It was also satisfied that the agreement complied with the procedural requirements for approval.

In light of these findings, the court approved the enterprise agreement, recognising it as a valid and enforceable document between the parties. The approval means that the terms and conditions outlined in the agreement will govern the employment relationship between Complete Precast Services Pty Ltd and its employees as represented by the union. This decision ensures that the agreement will provide a stable framework for the operation of the company while addressing the needs and rights of the 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