DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7549)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Bauen Concrete Pty Ltd T/As Bauen 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 Bauen Concrete Pty Ltd T/As Bauen 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 22 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Bauen Concrete Pty Ltd T/As Bauen Concrete and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose from the negotiation process and the contents of the proposed enterprise agreement, which aimed to establish the terms and conditions of employment for employees within Bauen Concrete. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including ensuring it was in the best interests of the employees and did not undermine the safety, health, or welfare of employees.

The central legal issues before the Commission were whether the enterprise agreement complied with the relevant legislative requirements, particularly under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it met the "better off overall test" ensuring employees were not worse off, and whether it addressed any potential impacts on employee safety, health, or welfare. The Commission also had to determine whether the agreement was genuinely negotiated between the parties and if it adhered to the procedural fairness standards expected in such negotiations.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the enterprise agreement met the necessary criteria for approval. The Commission was satisfied that the agreement was made in good faith and that employees would not be worse off overall. The Commission further concluded that the agreement appropriately balanced the interests of the employer and employees and did not negatively impact employee safety, health, or welfare. The negotiation process was deemed to have been conducted fairly, and all procedural requirements were met.

The Fair Work Commission approved the Bauen Concrete Pty Ltd T/As Bauen Concrete and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was deemed to be compliant with the Fair Work Act 2009 and was accepted as a legally binding enterprise agreement.

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