DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1464)

AVONDALE CONCRETE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JUNE 2020

Application for approval of the Avondale Concrete Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Avondale Concrete Pty Ltd / 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 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 12 June 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Avondale Concrete Pty Ltd. The dispute centred on the approval of a collective agreement for the period 2019-2022, which was to regulate the employment terms and conditions between the union and the company. The court was tasked with assessing whether the agreement was fair and reasonable, as required under the Fair Work Act 2009.

The central legal issues revolved around the fairness and reasonableness of the terms outlined in the proposed collective agreement. Specifically, the court needed to determine whether the agreement complied with the statutory requirements for approval under the Fair Work Act. This included an evaluation of whether the agreement contained provisions that were not in the best interests of the employees or that could potentially lead to an unfair imbalance in the workplace. The court also needed to ensure that the agreement met the standards of procedural fairness and was consistent with broader industrial relations policies.

The court, in delivering its judgment, meticulously reviewed each clause of the proposed agreement. It considered the nature of the bargaining process, the terms of the agreement, and the potential impact on both the employees and the employer. The court found that the agreement did not contain any provisions that would be unfair or unreasonable to the employees or that would result in an imbalance in the workplace. The court was satisfied that the agreement was the product of genuine and fair negotiations between the parties and met the statutory requirements for approval. Consequently, the court granted the approval of the collective agreement.

The final orders of the court included the approval of the Avondale Concrete Pty Ltd / CFMEU Collective Agreement 2019-2022. The court's decision confirmed that the agreement was fair and reasonable, and it was therefore to be recognised and enforced under the Fair Work Act.

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