DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5957)

LEVIATHAN TRUST T/AS SUPER CITY CONCRETE CUTTING 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, 29 SEPTEMBER 2016

Application for approval of the LEVIATHAN TRUST T/As SUPER CITY CONCRETE CUTTING 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 LEVIATHAN TRUST T/As SUPER CITY CONCRETE CUTTING 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 6 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 before the Fair Work Commission involved an application for the approval of the LEVIATHAN TRUST T/As SUPER CITY CONCRETE CUTTING Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018. The dispute centred on the terms and conditions of employment within the concrete sawing and drilling industry in Victoria. The application was made under the Fair Work Act 2009, seeking to have the enterprise agreement approved as a greenfields agreement. This classification would exempt it from the usual dispute resolution processes and allow it to become the new enterprise-wide agreement for the industry.

The primary legal issue the Commission had to resolve was whether the application met the criteria for approval as a greenfields agreement. This involved examining the application's compliance with the statutory requirements outlined in the Fair Work Act and ensuring that the proposed agreement did not unfairly disadvantage any party. The Commission also had to consider whether the agreement would promote harmonious, productive and cooperative workplace relations, as required by the Act. Additionally, the Commission assessed whether the agreement provided for appropriate mechanisms for the resolution of disputes and whether it included the necessary provisions for its operation and enforcement.

In reaching its decision, the Fair Work Commission evaluated the application against the statutory criteria. It found that the application was procedurally valid and that the proposed agreement satisfied the legislative requirements for a greenfields agreement. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, included appropriate dispute resolution mechanisms, and contained necessary provisions for its operation and enforcement. The Commission also concluded that the agreement would promote harmonious, productive and cooperative workplace relations in the concrete sawing and drilling industry in Victoria. Based on these findings, the Commission approved the application and the proposed enterprise agreement.

The final orders of the Fair Work Commission included the approval of the LEVIATHAN TRUST T/As SUPER CITY CONCRETE CUTTING Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018 as a greenfields agreement. The agreement was to become the new enterprise-wide agreement for the concrete sawing and drilling industry in Victoria, effective from the date of approval. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it be published in accordance with the Fair Work Act. This decision provided clarity and certainty for employers, employees, and unions within the industry, establishing a new framework for employment relations in the sector.

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