DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6180)

METRO CONCRETE PUMPING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE PUMPING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the Metro Concrete Pumping Pty Ltd 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 Metro Concrete Pumping Pty Ltd 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 (105N). 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 17 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 case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Metro Concrete Pumping Pty Ltd. The dispute centred on the approval of the Concrete Pumping Enterprise Agreement 2016-2018, which was intended to regulate the terms and conditions of employment for employees of Metro Concrete Pumping Pty Ltd. The matter was brought before the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment and whether it had been genuinely negotiated between the parties. The CFMEU contested the approval of the agreement, asserting that it did not adequately address certain issues, such as wages and conditions for employees, and that it failed to meet the statutory criteria for approval.

The Fair Work Commission found that the agreement did not meet the necessary standards for approval. The Commission noted that the agreement did not adequately address the wage rates and conditions for employees, and that it lacked provisions for the resolution of disputes between the parties. The Commission also found that the agreement had not been genuinely negotiated, as the employer had not engaged in meaningful discussions with the union. As a result, the Commission declined to approve the agreement, finding that it did not meet the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission's decision not to approve the Concrete Pumping Enterprise Agreement 2016-2018 stands as a reminder of the importance of ensuring that enterprise agreements meet the statutory requirements for approval under the Fair Work Act 2009. The Commission's decision highlights the need for employers and unions to engage in meaningful negotiations and to ensure that any agreement reached adequately addresses the terms and conditions of employment for 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