DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5891)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the DOMAIN CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the DOMAIN CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) 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 4 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) and Domain Concrete Pty Ltd applied for the approval of an enterprise agreement. The agreement, if approved, would bind the employees of Domain Concrete Pty Ltd, who are members of the CFMEU (Victorian Construction and General Division). The dispute centred around the terms and conditions of the proposed agreement, including wages, working hours, and other employment conditions.

The legal issues before the Commission involved whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it provided for minimum rates of pay, reasonable working hours, and other mandatory terms and conditions. Additionally, the Commission had to determine whether the agreement was made in good faith and whether it allowed for fair and effective employee representation.

The Commission found that the agreement satisfied the statutory requirements of the Fair Work Act. The proposed agreement included provisions for minimum rates of pay and reasonable working hours, as well as other terms and conditions that met the legislative standards. The Commission also determined that the agreement was made in good faith and provided for fair and effective employee representation. Consequently, the Commission approved the Domain Concrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

The Commission's decision was based on a thorough examination of the agreement's provisions and a consideration of the parties' submissions. The approval of the agreement ensures that the employees of Domain Concrete Pty Ltd will benefit from the agreed terms and conditions, while also maintaining a fair and balanced relationship between the employer and the employees. The approval of the enterprise agreement is a significant step forward in the ongoing negotiations between the CFMEU and Domain Concrete Pty Ltd, and it sets a precedent for future agreements in the construction industry.

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