DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/144)

AZZURRI CONCRETE GROUP PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 FEBRUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Azzurri Concrete Group 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 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 11 February 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application for the approval of a collective agreement between the Azzurri Concrete Group Pty Limited and the CFMEU for the years 2019-2022. The application was heard by the Fair Work Commission (FWC), a body that has the authority to approve such agreements. The dispute centred around the terms of the collective agreement, particularly those relating to wages and conditions for employees within the concrete industry.

The legal issues before the FWC were whether the terms of the collective agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement provided for a fair and efficient workplace, and whether it was consistent with the Fair Work Act's objectives of promoting high wages and conditions, and protecting employees from exploitation and discrimination. The FWC also considered whether the agreement was negotiated in good faith and whether it complied with relevant industrial laws and standards.

The FWG found that the agreement met the criteria for approval. The terms of the agreement provided for fair wages and conditions, and were consistent with the objectives of the Fair Work Act. The FWG was satisfied that the agreement had been negotiated in good faith, and that it complied with relevant industrial laws and standards. The FWG noted that the agreement included provisions for dispute resolution and the protection of employee rights, and that it provided for a fair and efficient workplace. The FWG approved the collective agreement, finding that it met the requirements of the Fair Work Act.

The FWC ordered that the Azzurri Concrete Group Pty Limited / CFMEU Collective Agreement 2019-2022 be approved as a registered agreement under the Fair Work Act. The agreement will now be binding on all employees of the Azzurri Concrete Group Pty Limited who are members of the CFMEU, and on the employer. The terms of the agreement will govern the wages and conditions of employment for the duration of the agreement. The FWC's decision provides certainty and stability for both employers and employees in the concrete industry, and ensures that the terms of the agreement are fair and consistent with the objectives of the Fair Work Act.

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