DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6292)

ALL CITY SAWING & DRILLING (VIC) 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, 13 OCTOBER 2016

Application for approval of the All City Sawing & Drilling (Vic) 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 All City Sawing & Drilling (Vic) 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 20 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of the Concrete Sawing and Drilling Enterprise Agreement 2016-2018, which it had negotiated with All City Sawing & Drilling (Vic) Pty Ltd. The company had applied for the agreement to be approved as a safety net agreement, under section 232 of the Fair Work Act 2009. The union argued that the agreement was appropriate for approval because it contained a wide range of provisions that were necessary to ensure the safety of its members in a high-risk industry. The company argued that the agreement should be approved because it was a genuine bargain between the parties, and the provisions were necessary to ensure the ongoing viability of the company.

The central issue for the Commission to determine was whether the agreement was appropriate for approval. The Commission had to consider whether the agreement contained provisions that were necessary to ensure the safety of employees, and whether it was a genuine bargain between the parties. The Commission also had to consider whether the agreement provided for a fair and reasonable outcome for both parties.

The Commission found that the agreement was appropriate for approval. It found that the agreement contained provisions that were necessary to ensure the safety of employees, and that it was a genuine bargain between the parties. The Commission also found that the agreement provided for a fair and reasonable outcome for both parties, and that it was appropriate for the agreement to be approved as a safety net agreement.

Accordingly, the Fair Work Commission approved the Concrete Sawing and Drilling Enterprise Agreement 2016-2018 as a safety net agreement, effective from 1 July 2016.

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