DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/256)

GEELONG PUMPCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE PUMPING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 FEBRUARY 2017

Application for approval of the Geelong Pumpcrete Pty Ltd 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 Geelong Pumpcrete Pty Ltd 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.

[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 15 February 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union, acting on behalf of Geelong Pumpcrete Pty Ltd employees, and Geelong Pumpcrete Pty Ltd sought approval of a proposed enterprise agreement. The union argued that the agreement should be registered, while the employer contested that the agreement contained provisions that were not suitable for an enterprise agreement under the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the requirements for approval under the Act and whether any provisions were unsuitable.

The court considered whether the proposed agreement met the statutory requirements for approval, including whether the agreement was in writing, whether the employer and employees had genuinely negotiated the agreement, and whether the agreement contained any unsuitable provisions. The court also considered whether the provisions in question were necessary to protect employees from harsh, unjust, or unreasonable treatment. After examining the agreement and the arguments of both parties, the court found that the proposed agreement was suitable for approval. The court concluded that the provisions in question were necessary to protect employees from harsh, unjust, or unreasonable treatment and did not contravene any provisions of the Act.

As a result, the Fair Work Commission approved the proposed Geelong Pumpcrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016-2018. The court's decision provides guidance on the factors that the Commission will consider when determining whether an enterprise agreement is suitable for approval. The decision also highlights the importance of ensuring that enterprise agreements contain provisions that protect employees from harsh, unjust, or unreasonable treatment.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established