DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2016/6223)

NATIONWIDE CONCRETE PUMPING (VIC) PTY LTD T/AS NATIONWIDE CONCRETE PUMPING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE PUMPING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 OCTOBER 2016

Application for approval of the NATIONWIDE CONCRETE PUMPING (VIC) PTY LTD T/As NATIONWIDE CONCRETE PUMPING and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the NATIONWIDE CONCRETE PUMPING (VIC) PTY LTD T/As NATIONWIDE CONCRETE PUMPING and the CFMEU (Victorian Construction and General Division) Concrete Pumping 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 Construction, Forestry, Mining and Energy Union (CFMEU) and Nationwide Concrete Pumping (Vic) Pty Ltd, trading as Nationwide Concrete Pumping, sought approval of their Enterprise Agreement 2016-2018 from the Fair Work Commission (FWC). The dispute centred around the provisions of the proposed agreement and whether it met the legal standards for approval under the Fair Work Act 2009. The FWC was tasked with determining whether the agreement was in the public interest and if it complied with the procedural requirements of the Act.

The primary legal issues revolved around the procedural validity of the agreement and whether it had been fairly and appropriately negotiated. The FWC had to consider if the agreement was genuinely negotiated and if it complied with the provisions of the Act regarding disclosure and good faith bargaining. Furthermore, the FWC examined the substantive fairness of the agreement, including the terms and conditions for employees and the overall impact on the workforce.

In reaching its decision, the FWC carefully reviewed the bargaining process and the contents of the agreement. It was found that the agreement had been appropriately negotiated, with evidence of good faith bargaining and compliance with disclosure obligations. The FWC also concluded that the terms of the agreement were not unfair and were in the public interest, considering the interests of both the employees and the employer. Consequently, the FWC approved the Enterprise Agreement 2016-2018, noting the balance achieved between the parties' interests.

The final orders included the approval of the Enterprise Agreement 2016-2018 between the CFMEU and Nationwide Concrete Pumping, effective from the date of the decision. The FWC emphasised the importance of maintaining good industrial relations and the role of such agreements in achieving fair outcomes for all parties involved.

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