DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5753)

BREAKAWAY CONCRETE CUTTING SERVICES BUSINESS TRUST T/AS BREAKAWAY CONCRETE CUTTING SERVICES 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, 21 SEPTEMBER 2016

Application for approval of the BREAKAWAY CONCRETE CUTTING SERVICES BUSINESS TRUST T/As BREAKAWAY CONCRETE CUTTING SERVICES 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 BREAKAWAY CONCRETE CUTTING SERVICES BUSINESS TRUST T/As BREAKAWAY CONCRETE CUTTING SERVICES 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 28 September 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 (CFMEUA) applied for approval of the Breakaway Concrete Cutting Services Business Trust T/As Breakaway Concrete Cutting Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2016-2018. The agreement was submitted to the Commission for approval on 23 March 2017. The CFMEU argued that the agreement was in the best interests of the employees, while the employer argued that certain provisions should not be approved. The Commission had to determine whether the agreement met the statutory requirements for approval and whether it was in the best interests of the employees.

The Commission examined the provisions of the agreement and the submissions of both parties. The Commission noted that the agreement provided for a number of improvements to the employees' conditions, including increased pay rates, reduced working hours, and better leave entitlements. The Commission also noted that the agreement provided for the establishment of a joint consultative committee to address workplace issues. However, the Commission also noted that some provisions of the agreement were inconsistent with the Fair Work Act and the Fair Work Regulations. The Commission concluded that, while the agreement provided for a number of improvements to the employees' conditions, some provisions were inconsistent with the statutory requirements and should not be approved.

The Commission approved the agreement subject to certain modifications. The modifications included removing provisions that were inconsistent with the statutory requirements and replacing them with provisions that were consistent with the requirements. The employer was also required to provide written confirmation that it would comply with the modified agreement. The Commission considered that the modified agreement was in the best interests of the employees and met the statutory requirements for approval. The Commission also considered that the modified agreement would provide for improved conditions for the employees and promote harmonious, productive and cooperative workplace relations.

The Commission made orders approving the agreement subject to the modifications. The employer was required to provide written confirmation that it would comply with the modified agreement. The agreement was to be registered with the Fair Work Commission and would be in effect from 1 April 2017 until 31 March 2018. The employer was also required to provide the CFMEU with a copy of the modified agreement and to take all reasonable steps to ensure that the employees were aware of the terms of the agreement. The Commission considered that the orders would ensure that the agreement was in the best interests of the employees and would promote harmonious, productive and cooperative workplace relations.

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