DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Subterranean Solutions Pty Ltd
(AG2018/5470)

SUBTERRANEAN SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 11 OCTOBER 2018

Application for approval of the SUBTERRANEAN SOLUTIONS 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 SUBTERRANEAN SOLUTIONS 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 Subterranean Solutions 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 18 October 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

In the Fair Work Commission, Subterranean Solutions Pty Ltd sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around the terms of the proposed agreement, particularly those relating to employment conditions and wages. The Commission was tasked with determining whether the agreement met the requirements set out in the Fair Work Act 2009. The primary issues for the Commission to decide included whether the agreement was fairly negotiated, if it contained the necessary "protected action provisions," and if it provided for fair terms and conditions of employment.

The Commission examined the evidence presented regarding the negotiation process and concluded that the agreement had been fairly negotiated. It found that the agreement contained the necessary protected action provisions, which are essential for an enterprise agreement to be approved. Furthermore, the Commission assessed the terms and conditions outlined in the agreement, ensuring they were fair and met the needs of both parties. The Commission determined that the agreement provided for fair terms and conditions of employment and was in the best interests of the employees and the employer.

As a result, the Fair Work Commission approved the Subterranean Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The approval ensures that the terms and conditions of employment outlined in the agreement are legally binding on both parties for the duration of the agreement. This decision provides clarity and certainty for the employer and employees, allowing them to operate under a fair and agreed-upon set of conditions.

Subterranean Solutions 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