DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/443)

CONCRETE STRUCTURES GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 MARCH 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Concrete Structures Group 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 13 March 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 by the Concrete Structures Group Pty Ltd (CSG) to have the Fair Work Commission (FWC) approve a proposed collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around whether the proposed agreement contained terms and conditions that complied with the relevant industrial legislation, specifically the Fair Work Act 2009. The matter was heard in the Full Bench of the FWC.

The central legal issues before the court were whether the terms of the proposed agreement were in compliance with the Fair Work Act and whether they provided for fair and reasonable terms and conditions for the employees. The court had to consider whether the proposed agreement met the statutory requirements and did not unfairly discriminate against any employees or groups of employees. It also had to determine if the agreement was in the best interest of the employees and the employer.

The Full Bench of the FWC considered the arguments presented by both parties and reviewed the provisions of the proposed agreement. The court found that the proposed agreement met the statutory requirements under the Fair Work Act and did not unfairly discriminate against any employees. The court also determined that the agreement provided for fair and reasonable terms and conditions for the employees. Based on this, the Full Bench approved the proposed agreement. The decision was made in favour of CSG and the CFMEU.

The final orders of the court were that the proposed Concrete Structures Group Pty Ltd / CFMEU Collective Agreement 2019-2022 be approved by the FWC. The agreement was to be registered by the FWC and would be in effect from the date of approval until the end of the specified period. The approval of the agreement would ensure that the terms and conditions of employment for the employees covered by the agreement were governed by the provisions of the approved agreement.

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