DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1465)

SILVERTON 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 Silverton Concrete Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Silverton 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

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 the approval of a collective agreement made with Silverton Concrete Pty Ltd. The agreement was set to cover the period from 2019 to 2022 and involved various terms and conditions of employment for the union's members working for the employer. The legal issues before the court were whether the agreement met the statutory requirements for approval and whether it complied with the relevant provisions of the Fair Work Act 2009.

The court considered the provisions of the Fair Work Act and the principles of good faith bargaining. It examined whether the agreement had been made in good faith, whether it complied with the prescribed minimum standards, and whether it was in the best interests of the employees. The court also assessed the bargaining power of the parties and the fairness of the terms and conditions outlined in the agreement. The union argued that the agreement was a fair and reasonable outcome of good faith bargaining, while the employer contended that certain provisions were not in its best interests.

After considering the arguments and evidence presented by both parties, the court found that the agreement had been made in good faith and complied with the statutory requirements. The court noted that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The court approved the collective agreement, finding that it met the necessary criteria under the Fair Work Act. Consequently, the agreement was approved and registered.

The final orders of the court included the approval and registration of the Silverton Concrete Pty Ltd / CFMEU Collective Agreement 2019-2022, effective from the date of the decision. The agreement was to be binding on the employer and the employees covered by the agreement for the specified period. The court's decision provided clarity and certainty for both the employer and the union regarding the terms and conditions of employment for the duration of the agreement.

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