DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/359)

POWER FAMILY TRUST T/AS POWER CONCRETE CUTTING 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, 15 FEBRUARY 2017

Application for approval of the Power Family Trust T/As Power Concrete Cutting 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 Power Family Trust T/As Power Concrete Cutting 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 22 February 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and the Power Family Trust, trading as Power Concrete Cutting Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement. The dispute centred on the terms and conditions of employment as set out in the Concrete Sawing and Drilling Enterprise Agreement for the period 2016-2018. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved verifying that the agreement was genuinely bargained between the employer and the union, that it provided for a fair safety net, and that it contained no provisions that would be detrimental to the public interest. The Commission also had to assess whether the agreement included appropriate mechanisms for the resolution of disputes.

After reviewing the submitted agreement, the Commission concluded that it was genuinely negotiated and met all legal requirements. The agreement provided a fair safety net for employees and contained no provisions that would be detrimental to the public interest. Furthermore, it included appropriate mechanisms for the resolution of disputes. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Concrete Sawing and Drilling Enterprise Agreement 2016-2018 between the Power Family Trust, trading as Power Concrete Cutting Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The decision is final and binding, and the agreement is now in effect for the specified period.

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