DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6425)

RAPIDCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE PUMPING ENTERPRISE AGREEMENT 2016 -2018

Building services
COMMISSIONER ROE	MELBOURNE, 25 OCTOBER 2016

Application for approval of the RAPIDCRETE 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 RAPIDCRETE 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 25 October 2016 and, in accordance with s.54, will operate from 1 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Concrete Pumping Enterprise Agreement 2016-2018 between RAPIDCRETE PTY LTD and the CFMEU (Victorian Construction and General Division). The agreement was made on 23 June 2016 and covered employees of RAPIDCRETE PTY LTD who are members of the CFMEU. The application was opposed by RAPIDCRETE PTY LTD. The central issue before the commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically whether it contained only matters that are "directly related to the employees' terms and conditions of employment".

In considering the application, the commission noted that the agreement contained a number of clauses that were not directly related to the employees' terms and conditions of employment. These included provisions relating to the negotiation of future agreements, the union's role in the workplace, and the process for resolving disputes. The commission found that these clauses were not directly related to the employees' terms and conditions of employment and therefore could not be included in the agreement. However, the commission also found that the agreement contained a number of clauses that were directly related to the employees' terms and conditions of employment, such as provisions relating to pay rates, working hours, and leave entitlements. The commission accepted that these clauses were necessary to ensure that the agreement achieved its primary purpose of regulating the employees' terms and conditions of employment.

The commission concluded that, while the agreement contained some clauses that were not directly related to the employees' terms and conditions of employment, the majority of the clauses were directly related to those matters. The commission therefore approved the agreement, subject to certain modifications to remove the clauses that were not directly related to the employees' terms and conditions of employment. The final orders of the commission were that the agreement be approved with modifications, and that the modified agreement be registered with 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