DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6444)

READY CUT CONCRETE SAWING & DRILLING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 AUGUST 2021

Application for approval of the Ready Cut Concrete Sawing & Drilling Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Ready Cut Concrete Sawing & Drilling Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 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 case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to have their collective agreement with Ready Cut Concrete Sawing & Drilling Pty Ltd approved by the Fair Work Commission. The dispute arose from the negotiations between the parties and the subsequent application for approval of the agreement under the Fair Work Act 2009. The Fair Work Commission heard the application and made the determination.

The primary legal issues before the Commission were whether the collective agreement was made in good faith, if it was consistent with the principles of the Fair Work Act, and if it met the requirements of the Act. The Commission needed to determine if the agreement was fair and reasonable and if it was made without coercion or undue influence. The CFMEU argued that the agreement was fair and reasonable, while Ready Cut argued that the agreement contained provisions that were not in line with the principles of the Act.

The Fair Work Commission found that the collective agreement was made in good faith and was consistent with the principles of the Fair Work Act. The Commission noted that the agreement contained provisions that were fair and reasonable and did not contain any elements of coercion or undue influence. The Commission found that the agreement met the requirements of the Act and approved the agreement. The Commission considered the evidence presented by both parties and the relevant provisions of the Fair Work Act in making its decision.

The Fair Work Commission approved the Ready Cut Concrete Sawing & Drilling Pty Ltd and CFMEU Union Collective Agreement 2020-2022. The Commission found that the agreement was made in good faith, was consistent with the principles of the Fair Work Act, and met the requirements of the Act. The Commission considered the evidence presented by both parties and the relevant provisions of the Act in making its decision. The approval of the agreement means that it will now be binding on the parties and will govern their industrial relationship for the duration of the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established