DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2103)

PREMIER CONCRETING GROUP PTY LTD /CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 AUGUST 2020

Application for approval of the Premier Concreting Group Pty Ltd /CFMEU South Australia Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Premier Concreting Group Pty Ltd /CFMEU South Australia Enterprise Agreement 2020 (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 11 August 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of a proposed enterprise agreement between the Premier Concreting Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) South Australia Branch. The agreement, if approved, would apply to certain employees of Premier Concreting Group Pty Ltd in South Australia. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement had been made in accordance with the procedural requirements outlined in the Fair Work Act, and whether it contained all the mandatory terms and conditions prescribed by the Act. Specifically, the Commission needed to determine if the union had provided adequate representation to the employees, if the agreement had been genuinely negotiated between the parties, and if the agreement included all necessary provisions such as minimum wages, leave entitlements, and dispute resolution mechanisms.

The Commission found that the agreement had been made in accordance with the procedural requirements of the Fair Work Act. The union had provided adequate representation to the employees, and the negotiation process was deemed genuine. The agreement contained all the mandatory terms and conditions required by the Act, including provisions for minimum wages, leave entitlements, and a dispute resolution mechanism. The Commission concluded that the agreement was fair and appropriate, and approved it as a registered enterprise agreement.

As a result, the Premier Concreting Group Pty Ltd/CFMEU South Australia Enterprise Agreement 2020 was approved and registered, effective from the date of the Commission's decision. This agreement now governs the employment conditions for the relevant employees of Premier Concreting Group Pty Ltd in South Australia.

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