DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7844)

NCP TRUST (THE TRUSTEE FOR) T/AS NORTHLINE CONCRETE PUMPING 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, 30 DECEMBER 2016

Application for approval of the NCP Trust (The Trustee For) T/As Northline Concrete Pumping 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 NCP Trust (The Trustee For) T/As Northline Concrete Pumping 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 6 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Northline Concrete Pumping Enterprise Agreement 2016-2018 (the Agreement) under the Fair Work Act 2009. The respondent, the Trustee for the NCP Trust (trading as Northline Concrete Pumping Pty Ltd), did not object to the application. The matter was heard in the Fair Work Commission. The primary issue before the court was whether the Agreement met the requirements of the Fair Work Act, including whether it provided for a fair and reasonable workplace relationship. The court also needed to determine whether the Agreement contained appropriate provisions for employee representation and dispute resolution.

The Fair Work Commission found that the Agreement contained appropriate provisions for employee representation and dispute resolution, and that it provided for a fair and reasonable workplace relationship. The Agreement contained provisions for the establishment of a joint consultative committee, which would provide a forum for the parties to discuss and resolve issues related to the operation of the Agreement. The Agreement also contained provisions for the resolution of disputes between the parties, including the establishment of a dispute resolution procedure. The court was satisfied that the Agreement provided for an appropriate balance between the rights and obligations of the parties, and that it was fair and reasonable in all the circumstances. The court approved the Agreement, noting that it provided for a fair and reasonable workplace relationship and contained appropriate provisions for employee representation and dispute resolution.

The Fair Work Commission approved the Northline Concrete Pumping Enterprise Agreement 2016-2018, finding that it met the requirements of the Fair Work Act. The Agreement provided for an appropriate balance between the rights and obligations of the parties, and contained appropriate provisions for employee representation and dispute resolution. The court noted that the Agreement provided for a fair and reasonable workplace relationship, and was in the best interests of the employees and employers covered by the Agreement. The orders of the court were that the Northline Concrete Pumping Enterprise Agreement 2016-2018 be, and was, approved by the Fair Work Commission.

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