DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5543)

PEAK PRECAST PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JUNE 2021

Application for approval of the Peak Precast Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Peak Precast 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to have a collective agreement approved by the Fair Work Commission. The agreement in question was the Peak Precast Pty Ltd and CFMEU Union Collective Agreement 2020-2022. The agreement was challenged by the employer, Peak Precast Pty Ltd, on the grounds that it contained terms which were not in the best interests of the employees. The case was heard by the Fair Work Commission.

The legal issues before the Commission were whether the terms of the agreement were fair and reasonable, and whether they complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement contained terms that were not in the best interests of the employees, and whether any such terms were justified by exceptional circumstances. The Commission also needed to consider whether the agreement complied with the relevant provisions of the Fair Work Act.

In delivering its decision, the Commission found that the agreement contained terms that were not in the best interests of the employees. However, the Commission also found that these terms were justified by exceptional circumstances, and that the agreement as a whole was fair and reasonable. The Commission noted that the agreement had been negotiated in good faith, and that it contained provisions that were in the best interests of the employees. The Commission also noted that the employer had not demonstrated that the terms in question would have a significant adverse impact on its business. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Peak Precast Pty Ltd and CFMEU Union Collective Agreement 2020-2022, finding that the terms of the agreement were fair and reasonable, and that they complied with the requirements of the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith, and that it contained provisions that were in the best interests of the employees. The Commission also found that the terms that were not in the best interests of the employees were justified by exceptional circumstances, and that the employer had not demonstrated that these terms would have a significant adverse impact on its business.

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