DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1221)

J.M. CONCRETING (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 MAY 2020

Application for approval of the J.M. Concreting (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the J.M. Concreting (NSW) 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 27 May 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 Fair Work Commission involved an application for the approval of a collective agreement between J.M. Concreting (NSW) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms of the agreement, which covered a period from 2019 to 2022 and was submitted for certification under the Fair Work Act 2009. The legal issues the court had to address included whether the agreement met the requirements for approval under the Act, specifically whether it provided for a fair and efficient resolution of workplace issues and whether it adhered to the provisions regarding the protection of employees' rights.

The Fair Work Commission examined the agreement closely, assessing its provisions against the statutory criteria for approval. The Commission noted that the agreement contained provisions for dispute resolution mechanisms, the protection of employees' rights, and the promotion of a harmonious workplace. The Commission found that the agreement was comprehensive and provided for a fair and efficient resolution of workplace issues. It also concluded that the agreement did not unduly restrict employees' rights and complied with the statutory requirements for protection of employee interests. Given these findings, the Commission approved the collective agreement, confirming its compliance with the Fair Work Act.

The Commission's decision was grounded in its assessment of the agreement's provisions and its alignment with the statutory framework. By approving the collective agreement, the Commission recognised the parties' ability to negotiate terms that were fair and effective in resolving workplace issues while safeguarding employees' rights. The decision underscored the importance of collective bargaining in achieving balanced and sustainable workplace outcomes.

The Fair Work Commission approved the J.M. Concreting (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022, certifying it as compliant with the Fair Work Act 2009.

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