DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5540)

C.S.I CONCRETE SCANNING & INVESTIGATION PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 JUNE 2021

Application for approval of the C.S.I Concrete Scanning & Investigation Pty Ltd and CFMEU Union Collective Agreement 2020–2022.

[1] An application has been made for approval of an enterprise agreement known as the C.S.I Concrete Scanning & Investigation 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 28 June 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) for approval of the C.S.I Concrete Scanning & Investigation Pty Ltd and CFMEU Union Collective Agreement 2020–2022. The matter was heard in the Fair Work Commission, where the union sought to have the agreement registered under the Fair Work Act 2009. The dispute centred on the terms of the agreement and whether they complied with the requirements of the Act, specifically in relation to the union’s access to workplaces and the procedures for resolving disputes.

The primary legal issues before the Commission were whether the agreement met the statutory criteria for registration, including ensuring it did not permit activities that could lead to detriment to employees or employers, and whether the agreement's provisions regarding union access and dispute resolution were reasonable. The Commission also had to consider whether the agreement allowed for the protection of employees' rights and interests and did not unduly restrict employers' operational flexibility.

The Commission found that the agreement was compliant with the requirements of the Fair Work Act. It determined that the union’s access to workplaces was reasonable and did not lead to any undue detriment to the employer. The Commission also concluded that the dispute resolution procedures were fair and effective, ensuring that any issues could be resolved in a timely manner without significant disruption to the business. The terms of the agreement were deemed to balance the rights of employees and employers appropriately.

The Fair Work Commission approved the agreement, allowing it to be registered under the Act. The union and the employer were directed to abide by the terms and conditions as set out in the approved 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