DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4923)

QUEENSLAND PRE-STRESSING PTY LTD AND CFMEU CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2019 - 2022

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 Civil Construction Union Collective Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Pre-Stressing Pty Ltd and CFMEU Civil Construction Union 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] 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 July 2022.

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 for approval of a collective agreement between Queensland Pre-Stressing Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union Civil Construction Union for the period 2019-2022. The agreement, which was to be assessed under the Fair Work Act, was submitted to the Commission for scrutiny and determination of its compliance with the relevant statutory provisions.

The central legal issues before the Commission were whether the agreement met the procedural and substantive requirements under the Fair Work Act. Procedurally, the Commission had to verify that the agreement was made in good faith and that the necessary bargaining processes were followed. Substantively, the Commission needed to ensure that the terms of the agreement did not contravene any provisions of the Act, including those related to minimum standards of pay and conditions, and that they were not overly harsh, unreasonable or discriminatory.

The Commission examined the evidence provided regarding the bargaining process and the terms of the agreement. It was satisfied that the agreement was made in good faith and that all procedural requirements were met. In assessing the substantive provisions, the Commission considered whether the terms were consistent with the minimum standards prescribed by the Fair Work Act. After careful deliberation, the Commission found that the agreement was fair and reasonable and did not contain any terms that were overly harsh, unreasonable or discriminatory. Consequently, the Commission approved the collective agreement.

In conclusion, the Fair Work Commission approved the Queensland Pre-Stressing Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2019-2022, finding it to be compliant with all statutory requirements. This decision underscores the importance of adhering to both procedural and substantive standards in collective bargaining within the Australian industrial relations framework.

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