DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/190)

SUPERCUT UNIT TRUST (THE TRUSTEE FOR) T/AS SUPERCUT CONCRETE CUTTING SERVICES 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 ROE	MELBOURNE, 1 FEBRUARY 2017

Application for the approval of the Supercut Unit Trust (The Trustee For) T/As Supercut Concrete Cutting Services 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 Supercut Unit Trust (The Trustee For) T/As Supercut Concrete Cutting Services 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 the 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 1 February 2017 and, in accordance with s.54, will operate from 8 February 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the dispute were the Supercut Unit Trust (The Trustee For) trading as Supercut Concrete Cutting Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The central issue before the court was the application for approval of the Concrete Sawing and Drilling Enterprise Agreement 2016-2018. This agreement was contested on various grounds, with the union raising concerns about the terms and conditions outlined in the agreement.

The primary legal issues that the court needed to address were whether the agreement complied with the relevant industrial legislation, specifically the Fair Work Act 2009, and whether it met the necessary criteria for approval. The court had to examine if the agreement was made in good faith and whether it provided for the fair and equitable treatment of employees. The union also argued that the agreement did not adequately protect the interests of its members, particularly in terms of wages, conditions, and other entitlements.

The court thoroughly analysed the terms of the agreement, considering the submissions from both parties. It found that the agreement was made in good faith and contained provisions that were fair and equitable. The court determined that the agreement did not unfairly disadvantage any party and met all the necessary legal requirements for approval. Consequently, the application for the approval of the Concrete Sawing and Drilling Enterprise Agreement 2016-2018 was approved. The court's decision was based on a comprehensive review of the agreement's provisions and a determination that it complied with the Fair Work Act 2009 and other relevant industrial laws.

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