DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6470)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 25 OCTOBER 2016

Application for approval of the Complete Shotcrete 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 Complete Shotcrete 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 applicant, Complete Shotcrete Pty Ltd, applied for approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) under the Fair Work Act 2009. The application was made to the Fair Work Commission, which is responsible for approving and registering enterprise agreements to ensure they meet certain standards. The dispute arose due to concerns about the fairness and content of the proposed agreement, specifically regarding the terms and conditions of employment for employees within the concrete pumping industry.

The primary legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act, including the 'better off overall test', and whether it was fairly and appropriately negotiated. The Commission had to assess whether the agreement provided employees with conditions at least as good as the applicable award or modern award, and whether it contained provisions that were reasonable and fair in all the circumstances.

In delivering its decision, the Commission considered the evidence presented by both parties and evaluated the fairness of the proposed agreement. The Commission noted that the agreement had been negotiated in good faith and that it provided employees with improved terms and conditions compared to the applicable award. The Commission was satisfied that the agreement met the 'better off overall test' and that the provisions were reasonable and fair. Consequently, the Commission approved the Complete Shotcrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016-2018.

The Commission's approval of the agreement was subject to certain conditions, including the requirement for the parties to provide written notice of any changes to the agreement and the ongoing obligation to negotiate in good faith. The approval ensures that the agreement will be binding on the parties and their employees for the duration of the 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