Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3175)

TENSIONED CONCRETE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 14 SEPTEMBER 2023

Application for approval of the Tensioned Concrete Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Tensioned Concrete Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (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.

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.

The Construction, Forestry, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2023. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Tensioned Concrete Pty Ltd and CFMEU Union Collective Agreement 2023-2027. This case involved the Fair Work Commission's review of the agreement's compliance with the Fair Work Act 2009. The dispute centred around whether the terms of the agreement were fair and reasonable, particularly in light of changes in the industry and the economic environment.

The primary legal issues were whether the agreement's terms were fair and reasonable and whether they provided for a safety net of entitlements for employees. The court examined the bargaining power of the parties, the industry context, and whether the agreement's provisions were consistent with the objectives of the Fair Work Act. The Commission also considered the impact of the agreement on employees' conditions and the broader labour market.

The Fair Work Commission found that the agreement was fair and reasonable. The Commission highlighted the need for flexibility in the agreement to accommodate changes in the industry. It also noted that the agreement provided a safety net of entitlements and allowed for fair and reasonable terms in light of the economic environment. The Commission concluded that the agreement's provisions were consistent with the objectives of the Fair Work Act and provided for a fair and reasonable outcome for all parties.

The Fair Work Commission approved the Tensioned Concrete Pty Ltd and CFMEU Union Collective Agreement 2023-2027. The court's decision underscored the importance of flexibility in collective agreements and the need to balance the interests of employers and employees in a changing economic environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established