Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8871)

AZZURRI CONCRETE GROUP (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 DECEMBER 2021

Application for approval of the Azzurri Concrete Group (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of a greenfields agreement known as the Azzurri Concrete Group (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Azzurri Concrete Group (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022. The Azzurri Concrete Group (QLD) Pty Ltd opposed the application. The dispute centred on the fairness of the terms of the collective agreement, specifically regarding the wage rates, conditions, and other entitlements for employees within the Azzurri Concrete Group.

The legal issues the court needed to address were whether the collective agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for terms and conditions that were no less favourable than the relevant modern awards, and whether it was in the interests of the employees. The court also needed to determine if the agreement was free from any undue influence or coercion.

In its decision, the Fair Work Commission found that the collective agreement was in the interests of the employees, provided for terms and conditions that were no less favourable than the relevant modern awards, and was not influenced by any undue coercion. The Commission approved the agreement, noting the parties' efforts to negotiate in good faith and the overall fairness of the terms. The Azzurri Concrete Group's opposition was not upheld, and the agreement was approved as it met the legislative requirements.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established