DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5618)

PREMIUM CONCRETE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 JUNE 2021

Application for approval of the Premium Concrete Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the Premium Concrete Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, 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(1) of the Act, will operate from 5 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, an application for the approval of the Premium Concrete Pty Ltd / CFMEU Collective Agreement 2019-2023 was brought before the Fair Work Commission. The application was filed by the union, which sought to have the agreement approved under the Fair Work Act 2009. The agreement, if approved, would govern the employment conditions of workers employed by Premium Concrete Pty Ltd for the period 2019-2023.

The primary legal issue the Commission had to address was whether the agreement met the criteria for registration under section 231 of the Fair Work Act. This involved assessing whether the agreement contained the required minimum terms and conditions, did not discriminate against any particular group of employees, and was not contrary to any other provisions of the Act. Additionally, the Commission had to ensure that the agreement was not only fair but also met the requirements of the Australian Industrial Relations Commission Act 1904 in terms of industrial fairness and public policy considerations.

The Fair Work Commission considered the contents of the agreement and found that it included all the required minimum terms and conditions stipulated under the Fair Work Act. The Commission examined the provisions related to wages, hours of work, leave entitlements, and other employment-related matters, confirming that they were in line with the legislative framework. Furthermore, the Commission found no evidence of discrimination or any terms that were contrary to the Act. The agreement was also found to be consistent with the principles of industrial fairness and did not contravene any public policy considerations. Based on these findings, the Commission approved the agreement under section 231 of the Fair Work Act.

The Fair Work Commission approved the Premium Concrete Pty Ltd / CFMEU Collective Agreement 2019-2023. The decision was made in light of the agreement's compliance with the necessary legislative requirements and its alignment with industrial fairness and public policy considerations. The approval ensures that the agreement will govern the employment conditions of workers employed by Premium Concrete Pty Ltd for the specified period, providing a clear and legally binding framework for both the employer and the employees.

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