DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1441)

AUSTRALIAN PRESTRESSING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 JUNE 2020

Application for approval of the Australian Prestressing Services Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Australian Prestressing Services 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 10 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 case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Australian Prestressing Services Pty Ltd. The dispute centred around the approval of a collective agreement between the parties for the period 2019 to 2022. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the negotiation process and the terms of the agreement itself.

The Fair Work Commission carefully examined the evidence provided by both parties regarding the negotiation process and the terms of the agreement. The Commission found that the agreement had been negotiated in good faith and that the terms of the agreement were fair and reasonable. The Commission noted that while there were some areas of contention between the parties, these did not detract from the overall fairness of the agreement. The Commission was satisfied that the agreement met the statutory requirements for approval.

In light of the findings, the Fair Work Commission approved the Australian Prestressing Services Pty Ltd / CFMEU Collective Agreement 2019-2022. The decision was made on the basis that the agreement was fair and reasonable and complied with the relevant provisions of the Fair Work Act 2009. The Commission found that the agreement was in the best interests of the employees and the employer, and therefore granted the application for approval.

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