DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6296)

ADVANCED SAWING & DRILLING 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 Advanced Sawing & Drilling 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 Advanced Sawing & Drilling 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement between Advanced Sawing & Drilling Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The application was brought before the Fair Work Commission (FWC) as the tribunal responsible for assessing and approving enterprise agreements to ensure they meet certain legal standards.

The primary legal issues before the FWC were whether the proposed enterprise agreement complied with the Fair Work Act 2009, particularly sections that mandate procedural fairness and the avoidance of detrimental effect on employees. The FWC had to determine if the agreement met the requirements for procedural fairness in its creation, and whether it had a detrimental effect on employees by lowering their conditions below the applicable safety net.

The FWC found that the agreement was procedurally fair as it had been negotiated between the employer and the union in good faith, with adequate consultation and the opportunity for employees to be represented. The tribunal also assessed the safety net compliance and concluded that the agreement did not lower employees' conditions below the minimum standards set out in the relevant modern awards. Given these findings, the FWC approved the enterprise agreement.

In its decision, the FWC emphasised the importance of fair negotiation processes and the need for enterprise agreements to uphold or improve upon the minimum conditions provided by modern awards. The tribunal granted the application for approval of the enterprise agreement, allowing it to come into effect as per its terms.

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