DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6029)

ABS CONCRETE PUMPING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2020-2023

Cement and concrete products
COMMISSIONER JOHNS	SYDNEY, 16 JULY 2021

Application for approval of the ABS CONCRETE PUMPING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the ABS CONCRETE PUMPING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the ABS Concrete Pumping Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023. The applicant, ABS Concrete Pumping Pty Ltd, sought approval of the agreement to ensure its employees were covered by a legally binding enterprise agreement. The respondent, the CFMEU, represented the interests of the employees in the negotiations and subsequent application.

The primary legal issues before the Commission were whether the agreement was fairly made, in accordance with the relevant provisions of the Fair Work Act 2009, and whether it contained all the mandated minimum terms and conditions. This involved an examination of the bargaining process, the content of the agreement, and the fairness of its provisions. The Commission also had to consider whether the agreement met the requirements of being a "single, integrated and harmonious" document, and whether it complied with the statutory minimum standards set out in the Fair Work Act.

The Fair Work Commission found that the agreement was fairly made and contained all the mandated minimum terms and conditions. The Commission determined that the bargaining process was conducted in good faith and that the agreement reflected a fair balance of interests between the employer and the employees. The Commission further concluded that the agreement was a single, integrated, and harmonious document, and that it complied with all statutory minimum standards. As a result, the Commission approved the agreement, ensuring that it would provide the basis for the employment conditions of the employees covered by the agreement.

The Fair Work Commission approved the ABS Concrete Pumping Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023. The approval took effect from the date of the decision and provided a legally binding framework for the employment conditions of the employees covered by 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