DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1471)

ROCKCRETE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 JUNE 2020

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

[1] An application has been made for approval of a greenfields agreement known as the Rockcrete Pty Ltd / CFMEU Collective Agreement 2019-2022 (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 12 June 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Rockcrete Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of their collective agreement for the period 2019-2022. The application was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the fairness of the terms and conditions it established. The court needed to determine if the agreement was consistent with the principles of procedural fairness and if it met the standards of good faith bargaining.

The Fair Work Commission examined the collective agreement in detail, considering the provisions related to wages, working conditions, dispute resolution mechanisms, and other employment terms. The Commission noted that the agreement included provisions that were designed to improve working conditions and provide fair compensation to employees. The CFMEU argued that the agreement reflected a balanced and fair compromise between the employer and the union, taking into account the economic and operational realities faced by Rockcrete. The company supported the agreement, asserting that it was necessary to ensure the business's viability and to provide a stable and predictable work environment for employees.

In its decision, the Fair Work Commission concluded that the collective agreement was fair and reasonable. The Commission found that the agreement demonstrated good faith bargaining and adhered to the statutory requirements for fairness. The Commission highlighted that the agreement provided for fair compensation and reasonable working conditions, and it included effective dispute resolution mechanisms. The Commission approved the agreement, finding that it met the necessary standards for fairness and compliance with the Fair Work Act. The approval allowed the agreement to be registered and enforceable as a registered 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