DECISION

Fair Work Act 2009
s.185—Enterprise agreement

V & G Concrete Constructions Pty Ltd
(AG2019/638)

V & G CONCRETE CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 MARCH 2019

Application for approval of the V & G Concrete 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 V & G Concrete 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 V & G Concrete 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

V & G Concrete Constructions Pty Ltd, a concrete construction company, applied for approval of its enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard in the Fair Work Commission, the tribunal responsible for regulating industrial relations matters in Australia.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission needed to determine if the agreement provided fair and reasonable terms and conditions for the employees, and if it was free from any improper influences or coercion.

The Commission found that the agreement was fair and reasonable and did not contain any improper influences or coercion. The agreement provided for a minimum wage increase of 2.5% per year, as well as provisions for leave entitlements, penalty rates, and other employment conditions. The Commission was satisfied that the agreement was in the best interests of the employees and approved it. The Commission noted that the agreement had been negotiated in good faith and that the union had provided adequate representation for the employees.

The Fair Work Commission approved the enterprise agreement between V & G Concrete Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period of 2016-2018. The agreement was deemed to be fair and reasonable, and in the best interests of the employees. The approval of the agreement ensures that the employees are provided with fair and reasonable terms and conditions of employment, and that their rights and obligations are protected under the agreement.

V & G Concrete 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