DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7799)

ALWAYS PLUMBING (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE PUMPING ENTERPRISE AGREEMENT 2016 - 2018

Building services
COMMISSIONER GREGORY	MELBOURNE, 23 DECEMBER 2016

Application for approval of the Always Plumbing (Vic) 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 Always Plumbing (Vic) 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 30 December 2016. 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 applicant, the Construction, Forestry, Mining and Energy Union, sought approval for the Concrete Pumping Enterprise Agreement 2016-2018 between Always Plumbing (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division). The application was lodged with the Fair Work Commission, which was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The central issue before the Commission was whether the agreement had been made in the course of genuine enterprise bargaining and whether it contained the minimum terms and conditions mandated by the Act.

The Commission examined the process through which the agreement was formed, focusing on whether the parties had genuinely bargained in good faith. It considered the submissions from both parties and the evidence presented, including the negotiation history and the nature of the terms agreed upon. The Commission found that the agreement was the result of genuine bargaining, as there was evidence of meaningful discussions and concessions made by both parties. Additionally, the agreement was found to include all the required minimum terms and conditions as specified in the Act, thus meeting the criteria for approval.

In light of the findings, the Commission approved the application for the Concrete Pumping Enterprise Agreement 2016-2018. The decision was based on the conclusion that the agreement had been made in the course of genuine enterprise bargaining and contained the necessary minimum terms and conditions. The approval ensures that the agreement will be recognised as a legally binding enterprise agreement between the parties.

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