DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6237)

MELBOURNE SAWING & DRILLING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 OCTOBER 2016

Application for approval of the Melbourne Sawing & Drilling Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Sawing & Drilling Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling 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 2 November 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 case involves the Construction, Forestry, Mining and Energy Union (CFMEU) and Melbourne Sawing & Drilling Pty Ltd. The matter was brought before the Fair Work Commission to seek approval of the Concrete Sawing and Drilling Enterprise Agreement 2016-2018. The CFMEU, representing the employees, and Melbourne Sawing & Drilling, the employer, entered into an enterprise agreement that required endorsement by the Fair Work Commission. The Commission had to decide whether the agreement complied with the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval. This included determining if the agreement was made in good faith, if it was fairly negotiated, and if it contained the necessary provisions regarding minimum wages and conditions. The Commission also had to assess whether the agreement was likely to lead to improved productivity, efficiency, and profitability, and if it provided adequate protections and benefits for the employees. The second issue was whether the agreement was in the best interests of the employees, considering factors such as wage increases, job security, and working conditions.

The Commission found that the agreement was made in good faith and was fairly negotiated. The agreement contained all the necessary provisions for minimum wages and conditions as required by the Fair Work Act. The Commission determined that the agreement was likely to lead to improved productivity and efficiency, and provided adequate protections and benefits for the employees. The Commission also considered the views of the employees and found that the agreement was in their best interests. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Concrete Sawing and Drilling Enterprise Agreement 2016-2018 between the CFMEU and Melbourne Sawing & Drilling Pty Ltd. The Commission's decision was based on the agreement meeting the statutory criteria for approval and being in the best interests of the employees. The agreement provides for improved wages, conditions, and job security for the employees, while also promoting productivity and efficiency for the employer. The approval of the agreement is a significant step forward in the ongoing relationship between the CFMEU and Melbourne Sawing & Drilling, and sets a positive precedent for future negotiations.

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