DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7123)

JUST PUMPS 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, 28 NOVEMBER 2016

Application for approval of the Just Pumps 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 Just Pumps 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 5 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 the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of the Just Pumps Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016-2018. The applicant union argued the agreement was appropriate for approval, while the respondent employer argued that the agreement should be rejected as it did not comply with the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act and whether the agreement was in the best interests of the employees covered by it. The Commission found that the agreement was appropriate for approval as it met the criteria under the Fair Work Act and was in the best interests of the employees. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum rates of pay, overtime, penalty rates, and leave entitlements. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms and included provisions for the protection of employee rights and interests. The Commission approved the agreement, and it will now become a registered enterprise agreement under the Fair Work Act. The decision provides guidance to employers and unions on the requirements for an enterprise agreement to be approved by the Fair Work Commission.

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