DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6345)

PRECISION CONCRETE SCANNING CO PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 OCTOBER 2016

Application for approval of the Precision Concrete Scanning Co Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise Agreement known as the Precision Concrete Scanning Co Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Precision Concrete Scanning Co Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 31 October 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval for a collective agreement between Precision Concrete Scanning Co Pty Ltd and the union, covering the period 2015 to 2019. The Fair Work Commission heard the application to approve the agreement, which was subsequently challenged on the grounds that it contained provisions that were not in the best interests of the employees. The matter was before the Commission, which had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Commission examined the provisions of the agreement, assessing whether they complied with the criteria set out in the Act, which includes whether the agreement was in the best interests of the employees and whether it complied with the relevant national employment standards. The Commission found that the agreement contained provisions that did not meet these criteria. The Commission noted that some of the provisions in the agreement were not in the best interests of the employees, as they provided for reduced entitlements and imposed additional obligations on the employees. The Commission also found that the agreement did not comply with the relevant national employment standards, as it did not provide for the minimum entitlements required by law.

The Commission concluded that the agreement did not meet the statutory requirements for approval and dismissed the application for approval. The Commission found that the agreement was not in the best interests of the employees and did not comply with the relevant national employment standards. The Commission did not grant approval of the agreement, and it remained inoperative. The Commission's decision was based on its finding that the agreement did not meet the statutory requirements for approval under the Act.

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