DECISION

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

Concrete Structures Group Pty Ltd
(AG2015/2781)

CSG PTY LTD COLLECTIVE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 JULY 2015

Application for approval of the CSG Pty Ltd Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the CSG Pty Ltd 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 Concrete Structures Group Pty Ltd (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 Fair Work Commission (FWC) received correspondence dated 2 July 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] 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

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Concrete Structures Group Pty Ltd was before the Fair Work Commission in an application to approve the CSG Pty Ltd Collective Agreement 2015-2018. The applicant, Concrete Structures Group Pty Ltd, sought approval of the collective agreement, which had been negotiated between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute arose from the negotiation and subsequent approval of the collective agreement, which was to govern the employment terms and conditions of the workers for the specified period.

The central legal issues before the commission involved assessing whether the collective agreement met the statutory requirements under the Fair Work Act 2009, particularly sections concerning the content and process of the agreement. The commission needed to determine if the agreement had been genuinely negotiated and whether it adhered to the provisions of the Act, including the requirement that it not undermine the safety and welfare of employees. Additionally, the commission had to examine if the agreement contained appropriate provisions concerning the terms and conditions of employment, including wages, hours of work, and other relevant matters.

The commission reviewed the evidence and submissions provided by both parties. It found that the agreement had been genuinely negotiated and contained provisions that were consistent with the statutory framework. The commission confirmed that the agreement did not undermine the safety and welfare of employees and contained adequate provisions for the specified employment terms and conditions. Given these findings, the commission approved the collective agreement, recognising it as a valid instrument under the Fair Work Act 2009. The decision was made in the interest of maintaining fair and balanced industrial relations between the parties.

Concrete Structures Group 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