DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2016/6450)

MI-CUT AUSTRALIA 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 ROE	MELBOURNE, 25 OCTOBER 2016

Application for approval of the Mi-Cut Australia 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 Mi-Cut Australia 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 25 October 2016 and, in accordance with s.54, will operate from 1 November 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

The case before the Fair Work Commission involved an application for the approval of a proposed enterprise agreement between Mi-Cut Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union-Victoria Branch (CFMEUVCD). The proposed agreement, the Concrete Sawing and Drilling Enterprise Agreement 2016-2018, was submitted for endorsement by the CFMEUVCD and recognition by Mi-Cut Australia. The central issue was whether the agreement met the legal criteria for approval, particularly whether it complied with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The Commission considered several key legal issues, including whether the agreement provided for a fair and efficient workplace, whether it allowed for genuine bargaining, and whether it contained all the required terms as stipulated by the legislation. Additionally, the Commission needed to determine if the agreement provided for minimum wages and conditions and if it contained any terms that were contrary to public policy or were unlawful. The Commission also examined the process of how the agreement was negotiated to ensure it met the criteria for genuine agreement.

In its decision, the Commission found that the proposed agreement met all the legal requirements for approval. It was determined that the agreement was the product of genuine bargaining and contained all the necessary terms. The Commission confirmed that the agreement provided for minimum wages and conditions and did not contain any unlawful terms or terms contrary to public policy. Consequently, the Fair Work Commission approved the proposed Concrete Sawing and Drilling Enterprise Agreement 2016-2018. This approval ensures that the agreement will provide a fair and efficient workplace while maintaining the legal standards required by the Fair Work Act and Regulations.

Construction, Forestry, Mining and Energy Union-Victoria Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established