DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/591)

MUSCLECRETE UNIT TRUST (THE TRUSTEE FOR) T/AS MUSCLECRETE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 MARCH 2017

Application for approval of the Musclecrete Unit Trust (The Trustee For) T/As Musclecrete 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 Musclecrete Unit Trust (The Trustee For) T/As Musclecrete 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 14 March 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Musclecrete Unit Trust (the Trustee for) t/as Musclecrete and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute involved the terms and conditions of employment for workers in the construction industry, focusing on the fairness and reasonableness of the proposed agreement under the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with determining the matter.

The central legal issues before the tribunal were whether the proposed enterprise agreement was fair and reasonable and whether it complied with the relevant provisions of the Fair Work Act. The Commission needed to assess the balance of the agreement, particularly in terms of pay rates, working conditions, and other employment terms, to ensure that it met the statutory standards for fairness and reasonableness. Additionally, the Commission had to consider the impact of the agreement on the employees and the employer, including the Musclecrete Unit Trust and the CFMEU.

In its decision, the Fair Work Commission evaluated the proposed enterprise agreement against the statutory criteria outlined in the Fair Work Act. The Commission found that the agreement was fair and reasonable, noting the balanced approach it took towards the interests of both employees and employers. The agreement provided for adequate wage increases, improved working conditions, and addressed various employment terms in a manner that was considered equitable. The Commission also noted the extensive consultation process that had taken place between the parties before the agreement was finalised, which contributed to the overall fairness of the agreement. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission's final order was the approval of the Musclecrete Unit Trust (the Trustee for) t/as Musclecrete and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was deemed to be fair and reasonable, and it was thus approved under the Fair Work Act. The decision reflected the Commission's consideration of the balance of interests between the parties and its determination that the agreement met the statutory requirements for fairness and reasonableness.

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