DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitchcon Australia Pty Ltd
(AG2018/4892)

MITCHCON AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE PUMPING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the MITCHCON AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Pumping Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the MITCHCON AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Concrete Pumping 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 Mitchcon Australia 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 21 September 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mitchcon Australia Pty Ltd, along with the CFMEU (Victorian Construction and General Division), applied to the Fair Work Commission for approval of the Concrete Pumping Enterprise Agreement 2016-2018. The application was made under section 234 of the Fair Work Act 2009. The central issue before the Commission was whether the agreement met the criteria for approval as prescribed by the Fair Work Act 2009.

The Commission first considered the procedural fairness of the agreement, determining if the parties had engaged in genuine bargaining and if the agreement was in the best interests of the employees. It also evaluated whether the agreement provided for fair terms and conditions of employment, including minimum rates of pay, overtime provisions, and other employment standards. Additionally, the Commission assessed if the agreement allowed for flexibility and efficiency in the workplace while maintaining fairness and equity for employees.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. It concluded that the parties had engaged in genuine bargaining, and the terms of the agreement were fair and equitable for the employees. The Commission noted that the agreement provided for minimum rates of pay and other employment standards as required by the Fair Work Act 2009, and it allowed for flexibility and efficiency in the workplace. Consequently, the Commission approved the Concrete Pumping Enterprise Agreement 2016-2018.

The final orders of the Fair Work Commission were that the Concrete Pumping Enterprise Agreement 2016-2018 between Mitchcon Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) be approved as a registered agreement under the Fair Work Act 2009. The agreement would be registered and remain in effect from the date of approval until the next scheduled review or until terminated in accordance with the agreement's provisions.

Mitchcon Australia 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