DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DRD Concrete & Excavations (Aus) Pty Ltd
(AG2018/5287)

DRD CONCRETE & EXCAVATIONS (AUS) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 OCTOBER 2018

Application for approval of the DRD Concrete & Excavations (Aus) 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 DRD Concrete & Excavations (Aus) 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 DRD Concrete & Excavations (Aus) Pty Ltd. 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, Maritime, 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 11 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, DRD Concrete & Excavations (Aus) Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard in the Fair Work Commission. The key legal issues before the court were whether the enterprise agreement met the statutory requirements for approval and if it was in the best interests of the employees.

The court considered whether the agreement was genuinely negotiated, included necessary provisions, and complied with the Fair Work Act 2009. It also examined if the agreement was fair and reasonable, taking into account the interests of both the employer and employees. The court found that the agreement was genuinely negotiated and contained all necessary provisions, including minimum wage rates, penalty rates, and provisions for redundancy and termination. The court also determined that the agreement was fair and reasonable, as it balanced the interests of both parties and provided for appropriate protections for employees.

The Fair Work Commission approved the enterprise agreement, finding it met all statutory requirements and was in the best interests of the employees. The court's decision was based on a comprehensive analysis of the agreement and the parties' submissions. The orders of the court confirmed the approval of the enterprise agreement, which will now be in effect for the specified period.

DRD Concrete & Excavations (Aus) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established