Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 6782

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2019/3396)

The Trustee for Sartor Family Trust T/As Sartor Brisbane Concrete Services and CFMEU Union Collective Agreement 2018-2019

Building, metal and civil construction industries
Deputy President Masson	MELBOURNE, 2 OCTOBER 2019

Application for approval of the The Trustee for Sartor Family Trust T/As Sartor Brisbane Concrete Services and CFMEU Union Collective Agreement 2018-2019.

An application has been made for approval of an enterprise agreement known as the The Trustee for Sartor Family Trust T/As Sartor Brisbane Concrete Services 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 Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2019. The nominal expiry date of the Agreement is 2 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are The Trustee for Sartor Family Trust T/As Sartor Brisbane Concrete Services and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute pertains to the application for approval of a collective agreement between the two parties, specifically the CFMEU Union Collective Agreement 2018-2019. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The legal issues at hand involved whether the agreement complied with the Fair Work Act 2009, particularly in relation to the requirements for a collective agreement to be approved. Key points of contention included the scope of the agreement, its alignment with the Act, and whether it met the necessary standards for being a registered agreement. The Commission had to determine if the agreement provided adequate protections and benefits to employees, and if it was fairly and appropriately negotiated.

The Commission deliberated on the provisions of the agreement, the bargaining process, and the submissions made by both parties. It examined whether the agreement was genuinely negotiated, contained essential terms and conditions of employment, and was fair and reasonable. The Commission found that the agreement was appropriately negotiated and met the standards required under the Act. It was concluded that the agreement was fair, balanced, and provided adequate protections for employees. Consequently, the application for approval of the CFMEU Union Collective Agreement 2018-2019 was granted.

As a result of the Commission's decision, the CFMEU Union Collective Agreement 2018-2019 was approved and registered. This decision sets a precedent for similar agreements and ensures that the terms and conditions outlined in the agreement are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established