DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4020)

NATIONWIDE CONCRETE PUMPING (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 MARCH 2021

Application for approval of the Nationwide Concrete Pumping (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Nationwide Concrete Pumping (QLD) 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 23 March 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Nationwide Concrete Pumping (QLD) Pty Ltd, sought approval of a collective agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission. The dispute involved the terms and conditions of employment for employees of Nationwide Concrete Pumping, as well as the process for approving the collective agreement. The CFMEU argued that the agreement should be approved as it had been negotiated in good faith and was in the best interests of the employees. Nationwide Concrete Pumping argued that the agreement should not be approved as it contained provisions that were not in the best interests of the employees and the company.

The Fair Work Commission considered the arguments of both parties and examined the terms of the collective agreement. The Commission found that the agreement had been negotiated in good faith and that the terms of the agreement were in the best interests of the employees and the company. The Commission noted that the agreement provided for a fair and reasonable balance of rights and obligations between the parties and that it contained provisions that were consistent with the principles of the Fair Work Act. The Commission also found that the agreement provided for a process for resolving disputes between the parties and that it contained provisions for the protection of employees' rights.

The Fair Work Commission approved the collective agreement between the CFMEU and Nationwide Concrete Pumping. The Commission found that the agreement was fair and reasonable and that it provided for a balance of rights and obligations between the parties. The Commission also found that the agreement was in the best interests of the employees and the company. The Commission approved the agreement on the condition that certain changes be made to the agreement to address concerns raised by the parties. The Commission ordered that the agreement be approved subject to the conditions set out in the decision.

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