DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1775)

UN1TED CONCRETE SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 2 JULY 2020

Application for approval of the UN1TED Concrete Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the UN1TED Concrete Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (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 9 July 2020. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between UN1TED Concrete Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2019 to 2020. The Union sought approval of the agreement under section 234 of the Fair Work Act 2009, arguing that it met the criteria for registration, including being in the best interests of the employees covered by the agreement.

The legal issues before the Commission centred on whether the agreement contained all the mandated terms and conditions, whether it was fair and reasonable, and whether it was genuinely agreed upon by both parties. The Union contended that the agreement was comprehensive, fair, and genuinely negotiated, while the employer raised concerns about certain clauses, arguing they were not in the best interests of the employees or the company.

The Fair Work Commission determined that the agreement contained all the required terms and conditions and was fair and reasonable. The Commission found that the agreement was genuinely negotiated between the parties, as evidenced by the extensive consultation and bargaining process. The Commission also held that the agreement was in the best interests of the employees, taking into account the employer's financial position and the need to balance the interests of both parties. The application for approval was therefore granted, and the agreement was registered.

The Fair Work Commission ordered that the Enterprise Agreement between UN1TED Concrete Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2019 to 2020 be approved and registered under section 234 of the Fair Work Act 2009. The agreement is now legally binding on both parties and their employees, providing a framework for the terms and conditions of employment for the specified period.

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