DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6217)

VIC SAWING AND 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, 11 OCTOBER 2016

Application for approval of the VIC SAWING AND 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 VIC SAWING AND 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 18 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 for approval of an enterprise agreement between the VIC SAWING AND DRILLING PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The application was brought before the Fair Work Commission, which is responsible for the approval of such agreements under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the requirements for approval, including whether it facilitated the improved productivity and efficiency of the workplace, and whether it provided for appropriate mechanisms for the resolution of workplace disputes.

The legal issues before the Commission involved a detailed examination of the terms and provisions of the agreement, including the fairness and reasonableness of the agreement, and whether it provided for appropriate mechanisms for the resolution of workplace disputes. The Commission had to consider whether the agreement contained all the mandated terms and conditions, and whether it adhered to the principles of the Fair Work Act, including the protection of employees' rights and the promotion of workplace harmony.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees, and included provisions for the resolution of workplace disputes. The Commission was satisfied that the agreement facilitated improved productivity and efficiency in the workplace, and provided for appropriate mechanisms for the resolution of workplace disputes. The Commission ultimately approved the agreement, finding that it met all the requirements for approval under the Fair Work Act.

In summary, the Fair Work Commission approved the enterprise agreement between VIC SAWING AND DRILLING PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The Commission found that the agreement was fair and reasonable, provided for appropriate mechanisms for the resolution of workplace disputes, and facilitated improved productivity and efficiency in the workplace. The Commission's approval of the agreement is a significant decision for employers and employees in the construction, forestry, mining and energy industries, as it provides a model for the negotiation and approval of enterprise agreements in these industries.

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