DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1544)

NATIONWIDE CONCRETE PUMPING (QLD) PTY LTD AND CFMEU CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 MAY 2019

Application for approval of the Nationwide Concrete Pumping (QLD) Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Nationwide Concrete Pumping (QLD) Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018 - 2021 (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 - 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 31 May 2019. The nominal expiry date of the Agreement is 2 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Nationwide Concrete Pumping (QLD) Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018-2021. The application was brought under the Fair Work Act 2009, which allows for the registration of new agreements that meet certain criteria. The Commission was required to determine whether the agreement was in the public interest and met the necessary standards.

The key legal issues for the Commission were whether the agreement met the requirements of section 233 of the Fair Work Act, which includes being in the public interest, not undermining the operation of the industrial relations system, and ensuring that employees are not disadvantaged. The Commission also needed to consider if the agreement met the requirements for registration, including that it was a genuine agreement, provided for a system of registration, and did not contain prohibited content.

The Commission found that the agreement was a genuine agreement between the parties and was not likely to undermine the operation of the industrial relations system. It also determined that the agreement was in the public interest, as it provided for a fair and reasonable system of employment for the employees involved. The agreement met all the necessary requirements for registration under the Fair Work Act, and the Commission approved the agreement for registration.

The Fair Work Commission approved the Nationwide Concrete Pumping (QLD) Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018-2021 for registration under the Fair Work Act. The agreement was found to be a genuine agreement, in the public interest, and met all the necessary requirements for registration. The Commission's decision provides certainty for the parties involved and ensures that the agreement is compliant with the relevant legislation.

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