DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7187)

VERTCON 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, 1 DECEMBER 2016

Application for approval of the Vertcon 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 Vertcon 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 8 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Vertcon Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016-2018, the Australian Industrial Relations Commission was called upon to determine whether the agreement met the necessary criteria for approval. The application was brought by the Construction, Forestry, Mining and Energy Union, seeking to have the enterprise agreement ratified, which would provide for the terms and conditions of employment for concrete pumping employees within the specified timeframe.

The primary legal issues before the Commission were whether the agreement fulfilled the requirements of the Fair Work Act 2009, specifically whether it was a "better off overall test" agreement and whether it contained all the prescribed terms. Furthermore, the Commission needed to ensure that the agreement had been made in accordance with the procedural fairness principles and that it did not contravene any provisions of the Act.

The Commission found that the agreement met the requirements of the Fair Work Act. It was determined that the agreement was a "better off overall test" agreement, as it provided for terms and conditions that were no less favourable than the relevant award or safety net award. Additionally, the agreement contained all the prescribed terms, including provisions for wages, hours of work, and other conditions of employment. The Commission was satisfied that the agreement had been made in accordance with procedural fairness and did not contravene any provisions of the Act. As such, the Commission approved the enterprise agreement.

In light of the findings, the Commission approved the Vertcon Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement will now govern the terms and conditions of employment for concrete pumping employees within the specified period, providing a framework for the relationship between the employer and the employees.

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