DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1918)

PRO CONCRETE GROUP PTY LIMITED AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 JUNE 2019

Application for approval of the Pro Concrete Group Pty Limited and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Pro Concrete Group Pty Limited 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.

[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.

[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] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 15.1 – Casual Employment

However, noting clause 2 of the Undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Pro Concrete Group Pty Limited and CFMEU Union Collective Agreement 2018-2019, which sought to establish a new enterprise agreement between Pro Concrete and its employees represented by the CFMEU. The application was made to the Fair Work Commission under the Fair Work Act 2009. The key issue before the court was whether the agreement complied with the requirements of the Act, particularly sections concerning good faith bargaining and the inclusion of certain provisions that might be considered unreasonable.

The court examined the process of bargaining between the parties and the content of the agreement to ensure it met the statutory criteria. In particular, the court looked at whether the bargaining process was conducted in good faith, whether the terms of the agreement were reasonable, and whether the agreement included any terms that might be considered to unfairly disadvantage employees or employers. The court found that the CFMEU had engaged in good faith bargaining and that the terms of the agreement were reasonable. The court also found that the agreement did not contain any terms that were considered to be unfair or unreasonable.

In light of the findings, the court approved the Pro Concrete Group Pty Limited and CFMEU Union Collective Agreement 2018-2019. The court's decision was based on the evidence presented and the application of relevant provisions of the Fair Work Act 2009. The approval of the agreement means that it will now be legally binding on Pro Concrete and its employees, and will remain in effect until it is replaced by a new agreement or expires.

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