DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/925)

GENERAL BETON CO. PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 APRIL 2020

Application for approval of the General Beton Co. Pty. Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the General Beton Co. Pty. Limited / 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 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 24 April 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 General Beton Co. Pty. Limited, with the Fair Work Commission hearing an application for the approval of their collective agreement covering the period 2019-2022. The union sought to have the agreement recognised and enforced as a registered instrument under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement complied with the legal requirements for registration and enforcement, specifically focusing on whether it met the provisions of the Act regarding the negotiation and content of the agreement.

The Fair Work Commission examined the negotiation process and the content of the agreement to determine if it adhered to the statutory requirements. The Commission assessed whether the agreement was genuinely negotiated between the parties, whether it included the mandatory minimum terms and conditions, and if the provisions were fair and reasonable. The Commission also considered submissions from both parties and any relevant precedents. After a thorough review, the Commission concluded that the agreement was genuinely negotiated and met the statutory requirements for registration.

Having determined that the agreement complied with the legal requirements, the Fair Work Commission approved the collective agreement as a registered instrument. This decision allowed the agreement to be enforced against the parties involved, providing a legally binding framework for their employment relationship. The Commission's decision was based on the evidence presented and the application of relevant legal principles under the Fair Work Act 2009. The approval of the collective agreement ensured that the terms and conditions of employment for the workers were formally recognised and enforceable.

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