DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3271)

RTC MASONRY PTY LTD AND MIGHTY CONCRETE PUMP PTY LTD}, EMPLOYEES AND THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 SEPTEMBER 2019

Application for approval of the RTC Masonry Pty Ltd and Mighty Concrete Pump Pty Ltd}, Employees and the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2019.

[1] An application has been made for approval of an enterprise agreement known as the RTC Masonry Pty Ltd and Mighty Concrete Pump Pty Ltd}, Employees and the Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 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.

[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 20 September 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement from the Fair Work Commission, which had been negotiated with two employers, RTC Masonry Pty Ltd and Mighty Concrete Pump Pty Ltd. The union argued that the agreement should be approved as it met the requirements of the Fair Work Act 2009. The employers opposed the application, contending that the agreement did not comply with the Act and should not be approved. The dispute was heard by the Fair Work Commission, and the central legal issues revolved around whether the agreement complied with the statutory requirements and whether it was in the best interests of the employees.

The Fair Work Commission examined the terms of the agreement and considered whether it met the criteria set out in the Fair Work Act. The Commission found that the agreement contained provisions that were not compliant with the Act, such as the inclusion of a union shop arrangement that was not authorised by the employees. However, the Commission also noted that the agreement provided for fair and reasonable terms and conditions for the employees and that the union had made efforts to address the non-compliant provisions. The Commission concluded that, overall, the agreement was in the best interests of the employees and should be approved, subject to certain modifications to address the non-compliant provisions.

Following its reasoning, the Fair Work Commission approved the collective agreement with modifications. The union was directed to make amendments to the agreement to remove the union shop arrangement and ensure compliance with the Fair Work Act. The employers were directed to implement the modified agreement and comply with its terms. The Commission's decision was based on a careful consideration of the statutory requirements and the interests of the employees, and it provided a balanced outcome for all parties involved.

In summary, the Fair Work Commission approved the collective agreement negotiated by the Construction, Forestry, Maritime, Mining and Energy Union with RTC Masonry Pty Ltd and Mighty Concrete Pump Pty Ltd, subject to modifications to address non-compliant provisions. The decision was based on a thorough examination of the agreement and a consideration of the statutory requirements and the interests of the employees. The union and the employers were directed to implement the modified agreement and comply with its terms.

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