DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4969)

PEARL CONCRETE & CIVIL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 3 JANUARY 2020

Application for approval of the PEARL CONCRETE & CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the PEARL CONCRETE & CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 (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 10 January 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of an enterprise agreement with PEARL CONCRETE & CIVIL PTY LTD. The agreement was aimed at regulating the terms and conditions of employment for the employees of PEARL CONCRETE & CIVIL PTY LTD who were members of the CFMEU. The dispute centred around the validity and fairness of the proposed agreement under the Fair Work Act 2009. The Commission had to determine whether the agreement met the necessary criteria for approval, including provisions on minimum wages, penalty rates, leave entitlements, and other employment conditions.

The legal issues before the Commission involved whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission needed to assess if the agreement was made in accordance with the Act’s provisions, including whether there was genuine bargaining between the parties and if the agreement covered the necessary topics as stipulated. Additionally, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions that did not undermine the safety and health of employees or the broader workforce.

The Commission found that the agreement had been made in good faith and through genuine bargaining. It also determined that the agreement contained all the required terms and conditions as per the Fair Work Act, including provisions for minimum wages, leave entitlements, and other employment standards. The Commission was satisfied that the agreement did not undercut the safety, health, or broader workforce protections and was fair and reasonable. Consequently, the Commission approved the enterprise agreement, recognising it as compliant with the statutory requirements.

The Commission’s final orders were that the PEARL CONCRETE & CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 be approved and registered under the Fair Work Act 2009. This decision confirmed the agreement as a valid and enforceable contract governing the employment conditions of the relevant employees.

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