DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/706)

TENSIONED CONCRETE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 MARCH 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Tensioned 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 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 6 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 an application for the approval of a collective agreement between Tensioned Concrete Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The application was made to the Fair Work Commission (FWC), Australia's industrial relations tribunal. The primary dispute centred on the terms and conditions of employment, including wages, hours of work, and other workplace arrangements stipulated in the proposed agreement.

The legal issues before the FWC were whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it provided for a fair and reasonable resolution of the employment terms between the parties. Specifically, the FWC had to consider whether the agreement met the 'better-off, overall test', ensuring that no employee would be worse off overall than they would be under the applicable award or registered agreement. Furthermore, the FWC had to determine if the agreement was fair and reasonable and did not unfairly discriminate against any employee or class of employees.

In delivering its decision, the FWC examined the submissions from both parties and the broader context of industrial relations in the construction industry. The FWC found that the proposed agreement met the better-off, overall test and was fair and reasonable, taking into account the needs of both the employer and the employees. The FWC noted that the agreement contained provisions that were in line with industry standards and provided for a balanced resolution of the employment terms. As a result, the FWC approved the collective agreement. The approval ensures that the terms and conditions set out in the agreement will apply to the employees of Tensioned Concrete Pty Ltd for the specified period.

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