Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6721

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8233)

PRO CONCRETE GROUP PTY LIMITED SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 NOVEMBER 2021

Application for approval of the Pro Concrete Group Pty Limited Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

[1] An application has been made for approval of a greenfields agreement known as the Pro Concrete Group Pty Limited Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (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 24 November 2021. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission to approve a proposed enterprise agreement for employees of Pro Concrete Group Pty Limited, relating to the Southern Queensland Correctional Precinct Stage 2 Project at Greenfields. The union argued that the agreement was in the interests of the employees and that it provided appropriate terms and conditions for the work involved. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act. This included ensuring that the agreement did not adversely affect employees' job security and provided for minimum terms and conditions, including rates of pay, hours of work and leave entitlements. The Commission had to determine if the agreement provided fair and reasonable terms for the employees and if it adhered to the procedural requirements for enterprise agreements.

The Commission found that the proposed agreement contained terms that were fair and reasonable for the employees, including provisions for pay rates, hours of work, and leave entitlements. The Commission also noted that the agreement was consistent with the principles of the Fair Work Act and did not adversely affect the job security of the employees. The Commission concluded that the agreement met the legal requirements for approval and granted approval for the Pro Concrete Group Pty Limited Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020.

The Commission approved the agreement, confirming that it was fair and reasonable for the employees and met the legal requirements under the Fair Work Act. The approval of the agreement ensures that the employees of Pro Concrete Group Pty Limited will have appropriate terms and conditions for the work involved in the Southern Queensland Correctional Precinct Stage 2 Project at Greenfields.

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