DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/438)

FRESHMORE (QLD) PTY LTD T/AS ADVANCED PRECAST AUSTRALIA AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MARCH 2020

Application for approval of the Freshmore (QLD) Pty Ltd T/As Advanced Precast Australia and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Freshmore (QLD) Pty Ltd T/As Advanced Precast Australia and CFMEU Union Collective Agreement 2018-2019 (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 12 March 2020. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union filed an application with the Fair Work Commission seeking approval of a proposed enterprise agreement between Freshmore (QLD) Pty Ltd trading as Advanced Precast Australia and the Union. The agreement was set for a period of three years from 1 July 2018 to 30 June 2021. The Union argued that the agreement provided for fair and reasonable terms and conditions of employment for its members and complied with the relevant legislative requirements. Freshmore opposed the application, contending that the proposed agreement was not in the best interests of the employees and contained certain terms that were unfair and unreasonable.

The Commission had to determine whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. The primary issues were whether the agreement provided for fair and reasonable terms and conditions of employment, was free from coercion and undue influence, and was not likely to have a detrimental effect on the company’s financial performance. The Commission also had to consider whether the agreement complied with the applicable provisions of the Fair Work Act and the Fair Work Regulations 2009.

After considering the evidence and submissions from both parties, the Commission found that the proposed agreement met the statutory criteria for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, was free from coercion and undue influence, and was not likely to have a detrimental effect on the company’s financial performance. The Commission also found that the agreement complied with the relevant legislative provisions. The Commission approved the proposed agreement on 22 March 2018, subject to certain modifications to address minor technical issues.

The Fair Work Commission approved the proposed agreement with modifications. The modifications included changes to the agreement’s language to ensure compliance with the Fair Work Act and Regulations. The Union and Freshmore were required to implement the approved agreement, which provided for a three-year period of stability and certainty for the employees and the company. The decision highlighted the importance of ensuring that enterprise agreements meet the statutory criteria for approval and comply with the relevant legislative provisions.

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