DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5752)

ALL ABOUT 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, 20 SEPTEMBER 2016

Application for approval of the ALL ABOUT 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 ALL ABOUT 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 27 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and All About Concrete Cutting Pty Ltd, with a focus on the approval of the Enterprise Agreement between the parties. The case was heard in the Fair Work Commission. The primary issue for determination was whether the Enterprise Agreement met the requirements of section 234 of the Fair Work Act 2009, ensuring that the agreement was in the best interests of the employees. The CFMEU argued that the agreement was fair and reasonable, while All About Concrete Cutting Pty Ltd contended that certain provisions did not align with the legislative requirements.

The court examined the provisions of the Enterprise Agreement, specifically the terms related to the classification of employees and the conditions under which they could be employed. It considered the impact of these terms on the employees' rights and the overall fairness of the agreement. The court also assessed whether the agreement provided adequate protections for employees and whether it was consistent with the objectives of the Fair Work Act. The decision hinged on whether the provisions were necessary and appropriate to achieve a fair and efficient workplace.

In delivering the judgment, the court found that while the Enterprise Agreement contained some provisions that were beneficial to the employees, others did not meet the statutory requirements. The court held that certain clauses regarding employee classification and conditions of employment did not sufficiently protect the employees' interests, thereby failing to meet the "better off overall test" as mandated by the Fair Work Act. Consequently, the court did not approve the Enterprise Agreement. The decision underscored the importance of ensuring that all terms of an enterprise agreement align with the legislative framework and adequately safeguard employees' rights.

The final orders of the court included the rejection of the Enterprise Agreement between All About Concrete Cutting Pty Ltd and the CFMEU, directing both parties to continue negotiating in good faith to develop an agreement that meets the legal standards set forth by the Fair Work Act. The court emphasised the need for future agreements to provide fair and reasonable terms that protect the interests of 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