DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liquid Rock Constructions Pty Ltd
(AG2019/2797)

LIQUID ROCK CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 AUGUST 2019

Application for approval of the Liquid Rock Constructions 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 Liquid Rock Constructions 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 Liquid Rock Constructions 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 22 August 2019. The nominal expiry date of the Agreement is 31 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Liquid Rock Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) brought an application before the Fair Work Commission for the approval of their Enterprise Agreement 2016-2018. The dispute centred on the terms and conditions of employment for workers under the proposed agreement, which included issues such as wages, hours of work, and leave entitlements. The application required the Commission to determine whether the agreement met the requirements of the Fair Work Act 2009, including the 'better off overall test' and whether it was free from prohibited content.

The legal issues before the Commission were whether the proposed agreement complied with the statutory provisions for enterprise agreements, particularly the 'better off overall test' which requires that employees are no worse off financially and have at least maintained their entitlements compared to the applicable award or agreement. Additionally, the Commission had to assess whether the agreement contained any prohibited content, such as provisions that undermine industrial harmony or discriminate against certain classes of employees.

The Commission found that the proposed agreement met the 'better off overall test', with employees being no worse off and in some cases better off financially under the new agreement. The Commission also confirmed that the agreement did not contain any prohibited content and was in compliance with the Fair Work Act 2009. Consequently, the Commission approved the Liquid Rock Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

The final orders of the Commission were that the Enterprise Agreement 2016-2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement would now serve as the governing document for the employment conditions of workers covered by it, until such time as a new agreement is made or until the existing agreement expires.

Liquid Rock Constructions 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