DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1049)

HARD CORE VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 APRIL 2017

Application for approval of the Hard Core Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Hard Core Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling 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 12 April 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) and Hard Core Vic Pty Ltd, the CFMEU sought approval of an enterprise agreement, referred to as the Concrete Sawing and Drilling Enterprise Agreement 2016-2018. The dispute centred on the terms of this agreement, specifically regarding the provisions that addressed pay rates and conditions for employees involved in concrete sawing and drilling activities. The application for approval was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, including the requirement that it not prejudice the operation of any industrial award. A secondary issue was whether the agreement contained provisions that were contrary to the 'better off overall test', meaning whether the agreement would leave employees better off considering both the financial and non-financial benefits.

The Commission determined that the proposed agreement did comply with the Fair Work Act. It found that the agreement's provisions did not prejudice the operation of any relevant industrial award and met the better off overall test. The Commission was satisfied that the agreement provided fair and reasonable terms for employees, including adequate pay rates and conditions, and that it represented a genuine improvement over the applicable award terms. The Commission approved the Concrete Sawing and Drilling Enterprise Agreement 2016-2018.

The Commission's final orders included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to all employees covered by its terms. The decision was made in light of the evidence presented by both parties and the legal standards set out in the Fair Work Act.

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