Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6834

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8363)

PLACECRETE AUSTRALIA PTY LTD T/AS PLACECRETE AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 NOVEMBER 2021

Application for approval of the Placecrete Australia Pty Ltd T/As Placecrete and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of a greenfields agreement known as the Placecrete Australia Pty Ltd T/As Placecrete 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 2 December 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of a collective agreement between Placecrete Australia Pty Ltd, trading as Placecrete, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The union sought approval of the agreement to ensure it met the statutory requirements for approval under the Fair Work Act 2009. The dispute arose from negotiations between the employer and the union regarding wages, working conditions, and other employment terms for employees within the specified period.

The legal issues before the Commission were whether the collective agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees it covered. This involved examining the agreement's provisions to determine if they provided for fair and reasonable terms and conditions of employment, including wages, and if they aligned with the principles of the Act. The Commission also had to consider if the agreement was genuinely negotiated between the parties and if it was free from any improper conduct.

The Fair Work Commission found that the collective agreement met the necessary criteria for approval. The agreement was deemed to be fairly negotiated and contained terms and conditions that were fair and reasonable. The Commission was satisfied that the agreement provided for appropriate wage rates and working conditions, and it considered the agreement to be in the best interests of the employees it covered. The Commission took into account the parties' bargaining positions, the negotiation process, and the content of the agreement in reaching its decision. Based on these findings, the Commission approved the collective agreement.

The final orders of the Fair Work Commission were that the collective agreement between Placecrete Australia Pty Ltd, trading as Placecrete, and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2020-2022 was approved. This approval was effective from the date of the Commission's decision and would remain in place until the end of the specified period, subject to any future changes or terminations in accordance with the Fair Work Act 2009.

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