DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1638)

PRESTONS CONCRETORS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 JUNE 2020

Application for approval of the Prestons Concretors Pty Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Prestons Concretors Pty Limited / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 30 June 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration was an application for the approval of a collective agreement between Prestons Concretors Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose before the Fair Work Commission, where the CFMEU sought formal endorsement of the negotiated agreement for the specified period. The crux of the disagreement involved the terms and conditions of employment, remuneration, and various workplace practices as stipulated in the collective agreement.

The legal issues the Commission had to address centred on whether the agreement met the requirements for formal approval under the Fair Work Act 2009. This involved examining if the agreement was genuinely negotiated, if it complied with the Fair Work Act’s good faith bargaining provisions, and whether it provided for a fair and efficient workplace. The Commission also needed to assess if the agreement's terms were consistent with the national minimum standards and if it was reasonable in terms of its provisions and any exclusions or exemptions.

In deliberating on these issues, the Commission considered extensive submissions from both parties, including evidence of the bargaining process and the terms of the agreement. The Commission determined that the agreement was genuinely negotiated and complied with the legal standards for approval. It found that the terms of the agreement were fair, efficient, and aligned with the national minimum standards. Consequently, the Commission approved the collective agreement, providing it with legal enforceability for the specified period. This decision was grounded in the Commission's assessment that the agreement met all statutory requirements and served the interests of both the employees and the employer.

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