DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/290)

NATIONAL 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, 13 FEBRUARY 2017

Application for approval of the National 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 National 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 20 February 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by National Concrete Cutting Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for approval of the Concrete Sawing and Drilling Enterprise Agreement 2016-2018. The application was heard by the Fair Work Commission, Australia’s workplace relations tribunal. The union and the employer sought to have their enterprise agreement approved under the Fair Work Act 2009, which requires that certain conditions be met, including that the agreement must provide for employees' pay and conditions, and that it must be free from any improper conduct.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the relevant legislative requirements and whether the agreement complied with the "better off overall test" under the Fair Work Act. This test requires that employees covered by the agreement must be no worse off financially than they would be under the applicable award or safety net. The Commission also needed to determine whether the agreement was free from any improper conduct and if the employer had fulfilled its obligations to bargain in good faith.

The Fair Work Commission found that the agreement had been made in accordance with the relevant provisions of the Fair Work Act, including that the employer had engaged in good faith bargaining with the union. The Commission also determined that the agreement satisfied the better off overall test and that it did not contain any provisions that would render it unfair. Furthermore, the Commission was satisfied that the agreement was free from any improper conduct. The Commission approved the enterprise agreement, noting that it provided employees with a range of benefits, including wage increases and improved working conditions.

In light of the findings, the Fair Work Commission approved the Concrete Sawing and Drilling Enterprise Agreement 2016-2018. The agreement will now apply to the employees of National Concrete Cutting Pty Ltd and will remain in force until the end of the agreed period, or until it is terminated or replaced by a new agreement. The approval of the agreement provides certainty for both the employer and the employees, as it sets out the terms and conditions of employment for the duration of the agreement.

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