DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5616)

PREMIER CONCRETE (AUST) PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2019-2023

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

Application for approval of the Premier Concrete (Aust) Pty Ltd/ CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the Premier Concrete (Aust) 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 recent case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of a collective agreement with Premier Concrete (Aust) Pty Ltd. The agreement, which was intended to cover the period 2019 to 2023, involved complex negotiations regarding wages, conditions, and dispute resolution mechanisms. The FWC was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees.

The central legal issue before the FWC was whether the collective agreement provided adequate protections and benefits for the employees, and if it adhered to the principles of good faith bargaining and fairness. The FWC had to assess the agreement's provisions against the backdrop of industrial relations law, ensuring that it complied with the Act's requirements for approval. Additionally, the FWC needed to consider the broader implications of the agreement on the employees' rights and the potential impact on industrial harmony.

In reaching its decision, the FWC undertook a thorough examination of the agreement's provisions. The Commission found that the collective agreement included provisions that were compliant with the statutory requirements, including fair and reasonable terms regarding wages, working conditions, and dispute resolution. The FWC also considered the evidence provided by both parties, which demonstrated a process of genuine negotiation and the inclusion of relevant stakeholders. Consequently, the FWC determined that the agreement was fair and reasonable and approved it, recognising its benefits to the employees and its potential to foster a harmonious workplace.

The final orders of the FWC included the approval of the Premier Concrete (Aust) Pty Ltd/CFMEU Collective Agreement 2019-2023, effective from the date of the decision. The agreement was to be registered with the FWC, and the parties were required to abide by its terms. This decision reinforces the importance of fair and effective collective bargaining in maintaining industrial relations stability.

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