DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/8052)

ANGLO ITALIAN HOLDINGS PTY LTD T/AS ANGLO ITALIAN CONCRETE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of the Anglo Italian Holdings Pty Ltd T/As Anglo Italian Concrete and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Anglo Italian Holdings Pty Ltd T/As Anglo Italian Concrete and the CFMEU (Victorian Construction and General Division) 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 13 January 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

The matter before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between Anglo Italian Holdings Pty Ltd, trading as Anglo Italian Concrete, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The dispute arose as the Union sought to have the agreement registered under the Fair Work Act 2009, while Anglo Italian Holdings Pty Ltd contested the application, raising concerns over certain provisions within the agreement. The case was heard by the Fair Work Commission, a body with jurisdiction to oversee and approve enterprise agreements in Australia.

The central legal issues before the Commission were whether the Enterprise Agreement complied with the statutory requirements of the Fair Work Act 2009, and if it met the procedural requirements for approval. Specifically, the Commission examined if the agreement was made in good faith and if it contained the necessary minimum terms and conditions as outlined in the Act. Furthermore, the Commission had to determine if the agreement adequately facilitated the resolution of workplace issues and if it was consistent with the Fair Work Act's purpose of promoting cooperative and productive workplace relations.

In its decision, the Fair Work Commission found that the Enterprise Agreement largely met the requirements of the Fair Work Act 2009. The Commission acknowledged that while some aspects of the agreement raised concerns, they were not significant enough to warrant refusal of approval. The Commission held that the agreement was made in good faith and contained the necessary minimum terms and conditions. Moreover, the Commission determined that the agreement facilitated the resolution of workplace issues and aligned with the purpose of the Act. Consequently, the Commission approved the Enterprise Agreement, subject to certain modifications to address the identified concerns.

The Fair Work Commission ordered the approval of the Enterprise Agreement between Anglo Italian Holdings Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018, with specific amendments to address the concerns raised during the hearing. These modifications ensured the agreement remained consistent with the statutory requirements of the Fair Work Act 2009 and the purpose of promoting cooperative and productive workplace relations.

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