DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Azzurri Concrete Group Pty Limited
(AG2015/1072)

AZZURRI CONCRETE GROUP PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 2 JUNE 2015

Application for approval of the Azzurri Concrete Group Pty Limited / CFMEU Collective Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known asthe Azzurri Concrete Group Pty Limited / CFMEU Collective Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction Forestry Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Azzurri Concrete Group Pty Limited, sought the Fair Work Commission's approval of a collective agreement entered into with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement pertained to the employment conditions of the union's members within Azzurri Concrete Group. The dispute was heard and determined by the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issue before the Commission was whether the collective agreement met the statutory criteria for approval under the Fair Work Act 2009. The applicants argued that the agreement was fairly negotiated and adhered to the legislative requirements. The CFMEU supported the application, emphasising the agreement's benefits for the employees. The Commission needed to assess the fairness and compliance of the agreement with the relevant provisions of the Act.

In determining the application, the Fair Work Commission considered various aspects of the agreement, including the bargaining process, the content of the agreement, and its compliance with statutory provisions. The Commission found that the agreement was the product of genuine and fair negotiations between the parties and that it contained provisions that were not detrimental to the employees. The Commission concluded that the agreement met all the statutory criteria for approval and was in the best interests of the employees. Consequently, the Commission approved the collective agreement, recognising its validity and enforceability.

The Fair Work Commission's decision was that the Azzurri Concrete Group Pty Limited / CFMEU Collective Agreement 2015 - 2018 was approved and registered under the Fair Work Act 2009. The Commission ordered that the agreement be deemed to have effect as a registered agreement, effective from the date of the decision.

Azzurri Concrete Group Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established