DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/484)

WILLARD LOGISTICS PTY LTD T/AS GEELONG CONCRETE PUMPING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE PUMPING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2017

Application for approval of the Willard Logistics Pty Ltd T/As Geelong Concrete Pumping 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 Willard Logistics Pty Ltd T/As Geelong Concrete Pumping 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 2 March 2017 and, in accordance with s.54, will operate from 9 March 2017. The nominal expiry date of the Agreement is 30 June 2018

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of the Willard Logistics Pty Ltd T/As Geelong Concrete Pumping and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016-2018. The agreement sought to regulate the terms and conditions of employment for employees of Willard Logistics Pty Ltd in the concrete pumping industry. The primary legal issues before the court were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a "low paid" agreement.

The court examined the agreement's compliance with the statutory provisions, focusing on whether it covered all necessary aspects of employment and whether it adhered to the low paid agreement provisions. The court assessed the agreement's provisions concerning minimum wages, hours of work, penalty rates, and other entitlements. It also considered whether the agreement met the criteria for being a low paid agreement, which includes the requirement that at least 70% of the employees covered by the agreement earn less than the relevant threshold amount. The court found that the agreement was comprehensive and met the statutory requirements for approval.

The court concluded that the agreement complied with the Fair Work Act 2009 and met the criteria for being a low paid agreement. The court approved the Willard Logistics Pty Ltd T/As Geelong Concrete Pumping and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement was deemed to provide appropriate protections for employees and to be in the best interests of the employees and employers involved.

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