DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7688)

BETON VIC PTY LTD T/AS BETON CONCRETE PUMPING VICTORIA 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 Beton Vic Pty Ltd T/As Beton Concrete Pumping Victoria 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 Beton Vic Pty Ltd T/As Beton Concrete Pumping Victoria 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

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a proposed Enterprise Agreement with Beton Vic Pty Ltd. The dispute arose from disagreements over certain clauses of the proposed agreement, which was to cover the period from 2016 to 2018. The Fair Work Commission heard the application. The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether the agreement was in the best interests of the employees it sought to cover. Key points of contention included the definition of 'concrete pumping', the classification of certain workers, and the inclusion of certain provisions relating to redundancies and redundancies.

The Commission considered whether the agreement contained all the mandated terms and conditions as required by section 230 of the Act. It also examined whether the agreement provided for procedural fairness in its making and whether it was genuinely negotiated. The Commission found that the agreement was made in good faith and was genuinely negotiated, meeting the requirements of the Act. It also concluded that the definition of 'concrete pumping' was appropriate and that the classification of workers was reasonable. The Commission further found that the provisions relating to redundancies and redundancies were fair and in the best interests of the employees.

The Commission approved the proposed agreement, subject to minor modifications to address certain technical issues. The modifications did not alter the substance of the agreement or its fairness. The decision provides a useful guide for employers and unions when negotiating enterprise agreements and highlights the importance of ensuring that agreements are genuinely negotiated and meet the requirements of the Fair Work Act.

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