DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5854)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 SEPTEMBER 2016

Application for approval of the CIVIWORKS CONCRETE CONSTRUCTION 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 CIVIWORKS CONCRETE CONSTRUCTION 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 3 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of an enterprise agreement with CIVIWORKS CONCRETE CONSTRUCTION PTY LTD. The matter was heard by Deputy President K R McDougall who was required to determine whether the agreement was in the interests of the employees. The central issue was whether the agreement was fair and whether it complied with the relevant provisions of the Fair Work Act 2009.

The Deputy President examined the agreement's provisions, focusing on the balance between the parties' interests and the overall fairness to the employees. Key considerations included the agreement's adherence to the safety net, its provisions for minimum wages and conditions, and its impact on employees' employment terms and conditions. The Deputy President also assessed whether the agreement provided for appropriate mechanisms for dispute resolution and whether it was negotiated in good faith.

After thorough analysis, the Deputy President concluded that the agreement was fair and met the requirements of the Act. The Deputy President approved the agreement, emphasising its balance in addressing the interests of both the employer and the employees while ensuring compliance with the safety net provisions. The decision underscored the importance of good faith negotiation and the protection of employees' rights within the framework of the Fair Work Act.

The Fair Work Commission approved the CIVIWORKS CONCRETE CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision.

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