DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7765)

MAXIMUM 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, 21 DECEMBER 2016

Application for approval of the MAXIMUM 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 MAXIMUM 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 28 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

In this matter, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a new enterprise agreement with Maximum Concrete Pumping Pty Ltd. The application was heard in the Fair Work Commission. The primary focus of the dispute was the terms and conditions of employment under the proposed Concrete Pumping Enterprise Agreement 2016-2018. The CFMEU argued that the agreement contained appropriate and fair terms for the employees, while Maximum Concrete Pumping Pty Ltd contended that certain provisions were not in line with contemporary employment standards.

The court was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court needed to ascertain if the agreement provided for fair and reasonable terms and conditions, was free from any unfair discrimination, and complied with the 'better off overall test', which requires that employees be no worse off financially than under their previous terms. The court also needed to consider if the agreement included appropriate mechanisms for resolving disputes.

The Fair Work Commission, after reviewing the arguments and evidence presented by both parties, found that the proposed agreement did indeed meet the required standards. The commission noted that the agreement provided fair and reasonable terms and conditions, contained no unfair discrimination, and passed the 'better off overall test'. Additionally, the agreement included adequate dispute resolution mechanisms. As a result, the court approved the Concrete Pumping Enterprise Agreement 2016-2018, finding that it met the necessary legal criteria.

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