DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6414)

SMITH & OSBORNE (VIC) PTY LTD T/AS MEGASAW 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, 19 OCTOBER 2016

Application for approval of the Smith & Osborne (Vic) Pty Ltd T/As Megasaw 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 Smith & Osborne (Vic) Pty Ltd T/As Megasaw 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 26 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by Smith & Osborne (Vic) Pty Ltd T/As Megasaw and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for approval of the Concrete Sawing and Drilling Enterprise Agreement 2016-2018. The application was heard in the Fair Work Commission, an Australian industrial relations tribunal. The union and the employer sought to have the proposed enterprise agreement certified as a modern award, which would make it legally binding and enforceable.

The central legal issues before the court were whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for the fair remuneration of employees, included provisions for the protection of employees' health and safety, and ensured that the terms and conditions of employment were fair and reasonable. The court also had to consider if the agreement was negotiated in good faith and if it complied with all relevant legislative provisions.

In its reasoning, the court examined the terms of the proposed agreement and assessed whether it met the legislative requirements. The court found that the agreement provided for fair remuneration, included necessary health and safety provisions, and contained terms and conditions that were fair and reasonable. The court concluded that the agreement was negotiated in good faith and complied with all relevant legislative provisions. Therefore, the court approved the application and certified the Concrete Sawing and Drilling Enterprise Agreement 2016-2018 as a modern award.

The court ordered that the Concrete Sawing and Drilling Enterprise Agreement 2016-2018 be registered and become a modern award from the date of the decision. The agreement was to apply to the employees of Smith & Osborne (Vic) Pty Ltd T/As Megasaw and members of the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) covered by the agreement. The certification of the agreement as a modern award would ensure that its terms and conditions were legally binding and enforceable, providing a clear framework for the employment relationship between the employer and the employees.

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