DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/746)

CONCRETE STRUCTURES PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 27 MARCH 2020

Application for approval of the Concrete Structures Pty Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Concrete Structures 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 3 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

In the Federal Court of Australia, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement between Concrete Structures Pty Limited and its employees. The agreement, spanning from 2019 to 2022, included terms and conditions of employment for workers in the concrete structures industry. The legal dispute centred around the compliance of the agreement with relevant industrial laws and whether it met the necessary standards for approval.

The court was tasked with determining whether the collective agreement adhered to the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court had to assess whether the agreement was made in good faith, whether it covered permissible matters, and if it complied with the procedural requirements set out in the legislation. The CFMEU argued that the agreement was fair and had been negotiated in good faith, while any opposing party did not present any substantive arguments against its approval.

The court found that the agreement was made in good faith and contained terms that were fair and reasonable. It determined that the agreement was compliant with the legislative requirements and that it covered matters that were permissible under the Fair Work Act. The court also concluded that the necessary procedural steps had been followed in the negotiation and drafting of the agreement. As a result, the court granted the CFMEU's application for approval of the collective agreement.

The final orders of the court were that the Concrete Structures Pty Limited / CFMEU Collective Agreement 2019-2022 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the court's decision, providing a binding framework for the employment relationship between Concrete Structures Pty Limited and its employees 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