Construction, Forestry, Mining and Energy Union-Victoria Branch

[2013] FWCA 1750

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2013/5615)

JOINT CONCRETE CONSTRUCTIONS PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 MARCH 2013

Application for approval of the Joint Concrete Constructions Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Joint Concrete Constructions Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). 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 CFMEU 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, will operate from 28 March 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union-Victoria Branch applied to the Fair Work Commission for the approval of the Joint Concrete Constructions Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The application was made under section 233 of the Fair Work Act 2009. The dispute arose from negotiations between the Union and the employer regarding the terms and conditions of employment for the employees of Joint Concrete Constructions Pty Ltd. The Commission was required to determine whether the agreement met the requirements of the Act and was in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement contained terms and conditions that were fair and reasonable, and whether it was in the best interests of the employees. The Commission considered whether the agreement provided for minimum rates of pay and conditions, and whether it provided for the protection of employees' rights and entitlements. The Commission also considered whether the agreement provided for the resolution of disputes between the employer and employees, and whether it provided for the protection of employees' health and safety.

The Commission found that the agreement met the requirements of the Act and was in the best interests of the employees. The agreement provided for minimum rates of pay and conditions, and provided for the protection of employees' rights and entitlements. The agreement also provided for the resolution of disputes between the employer and employees, and provided for the protection of employees' health and safety. The Commission approved the agreement, and it came into effect on 1 July 2011.

The Fair Work Commission approved the Joint Concrete Constructions Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015, finding that it met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The agreement provided for minimum rates of pay and conditions, and provided for the protection of employees' rights and entitlements. The agreement also provided for the resolution of disputes between the employer and employees, and provided for the protection of employees' health and safety.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established