DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/523)

SPECIALISED CONCRETE PUMPING PTY LTD AND CFMEU CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 MARCH 2020

Application for approval of the Specialised Concrete Pumping Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2019 - 2022.

[1] An application has been made for approval of a greenfields agreement known as the Specialised Concrete Pumping Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2019 - 2022 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2020. The nominal expiry date of the Agreement is 2 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of the Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission (FWC) was called upon to assess the application for approval of a collective agreement between the Specialised Concrete Pumping Pty Ltd and the CFMEU Civil Construction Union for the period 2019 to 2022. The union sought approval of the agreement under the Fair Work Act 2009, highlighting its compliance with the relevant legislative framework. The employer contested certain provisions of the agreement, arguing that they were inconsistent with the provisions of the Act.

The primary legal issues before the FWC were whether the collective agreement complied with the statutory requirements and if any of its provisions contravened the Act. The FWC needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it adhered to the principles of enterprise bargaining and good faith negotiation. The employer's objections focused on specific clauses that they believed imposed undue financial burdens or restricted operational flexibility.

The FWC examined the agreement clause by clause, considering the broader context of the industry and the negotiating positions of the parties. The Commission found that the agreement was largely consistent with the statutory requirements and reflected the principles of good faith bargaining. The FWC recognised the union's right to negotiate for its members' interests and upheld the validity of most of the agreement's provisions. However, the FWC did amend certain clauses to ensure they did not impose unreasonable financial burdens on the employer. The FWC approved the agreement with these amendments, finding that it provided for fair and reasonable terms and conditions of employment.

The FWC's decision ultimately resulted in the approval of the collective agreement, subject to the amendments made by the Commission. The employer was directed to implement the agreement as amended, and the union was granted the right to enforce the terms of the agreement against the employer. The decision reflects the FWC's commitment to balancing the interests of employers and employees while upholding the principles of fair work legislation.

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