DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/200)

SPECIALISED CONCRETE PUMPING AUS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 FEBRUARY 2021

Application for approval of the Specialised Concrete Pumping Aus Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the Specialised Concrete Pumping Aus Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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 of the Act, will operate from 23 February 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Specialised Concrete Pumping Aus Pty Ltd / CFMEU Collective Agreement 2019-2023. The applicant union and the respondent employer are parties to an existing enterprise agreement. The union submitted the new agreement for approval under the transitional provisions of the Fair Work Act 2009, asserting it should be approved as a registered agreement.

The primary legal issue before the Commission was whether the terms of the proposed agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine whether the agreement was in the public interest, provided for a fair and efficient workplace, and contained provisions that complied with the general principles of the safety net.

The Commission considered the submissions from both parties and examined the contents of the proposed agreement. It concluded that the agreement contained provisions that met the legislative requirements. The Commission found that the agreement was in the public interest, provided for a fair and efficient workplace, and did not contain any provisions that were inconsistent with the general principles of the safety net. Consequently, the Commission approved the proposed agreement as a registered agreement.

The Fair Work Commission approved the Specialised Concrete Pumping Aus Pty Ltd / CFMEU Collective Agreement 2019-2023 as a registered agreement. The approval will take effect from the date of the decision, and the agreement will replace the existing enterprise agreement between the parties.

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