DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4922)

QUEENSLAND PRE-STRESSING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JANUARY 2020

Application for approval of the Queensland Pre-Stressing Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Pre-Stressing Pty Ltd 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2020. The nominal expiry date of the Agreement is 2 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of a collective agreement with Queensland Pre-Stressing Pty Ltd for the period 2018-2019. The dispute centred around the terms and conditions set forth in the collective agreement, including those related to wages, working hours, and workplace practices. The Commission was tasked with ensuring that the agreement complied with the applicable provisions of the Fair Work Act 2009.

The key legal issues before the Commission were whether the collective agreement contained terms that were fair and reasonable, and whether it adhered to the Fair Work Act's requirements for approval. Specifically, the Commission examined whether the agreement's terms provided for fair and reasonable conditions, including appropriate minimum wages and allowances, and whether they were consistent with the principles of the national workplace relations system. Additionally, the Commission considered whether the agreement adequately addressed workplace safety and health, and if it provided for effective dispute resolution mechanisms.

The Commission found that the collective agreement contained terms that were fair and reasonable, and that it complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for minimum wages and conditions that were consistent with industry benchmarks, and that it included provisions for workplace safety and health. The Commission also determined that the agreement's dispute resolution mechanisms were adequate and would enable effective resolution of any workplace disputes that may arise. Accordingly, the Commission approved the collective agreement, finding that it met the statutory requirements for approval. The parties were directed to take all necessary steps to implement 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