Cemcon Group Pty Ltd

[2024] FWCA 2820

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cemcon Group Pty Ltd

(AG2024/2705)

CEMCON GROUP PTY LTD ENTERPRISE AGREEMENT 2024 - 2026

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 31 JULY 2024

Application for approval of the Cemcon Group Pty Ltd Enterprise Agreement 2024 - 2026

Cemcon Group Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Cemcon Group Pty Ltd Enterprise Agreement 2024 – 2026 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

On the basis of the material contained in the application and accompanying declarations, and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 7 August 2024. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Cemcon Group Pty Ltd sought approval for their Enterprise Agreement 2024-2026, which aimed to regulate the employment conditions of their workers. The Australian Manufacturing Workers' Union contested the application, arguing that the proposed agreement did not adequately provide for the employees' fair and reasonable wages and conditions. The central issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009 and met the criteria for fair and reasonable terms and conditions.

The Commission examined whether the proposed agreement complied with the Act and adhered to the requirements of being fair and reasonable. It considered the views of both parties, taking into account the economic climate, industry standards, and the principle of good faith bargaining. The Commission was particularly focused on the wage provisions, the classification of employees, and the dispute resolution mechanisms within the agreement. Ultimately, the Commission found that the proposed agreement was fair and reasonable, satisfying the legal requirements under the Act.

The Commission approved the Cemcon Group Pty Ltd Enterprise Agreement 2024-2026, recognising it as a genuine enterprise agreement. It highlighted the agreement's compliance with the Fair Work Act 2009 and its alignment with fair and reasonable terms and conditions. The Commission emphasised the importance of good faith bargaining and the need for parties to reach an agreement that balances the interests of both employers and employees. The decision provides clarity and guidance for future negotiations within the industry, reinforcing the legal framework governing enterprise agreements in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established