DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1447)

FRESHMORE (NSW) PTY. LTD T/A ADVANCED PRECAST AND CFMEU CRANE SECTOR ENTERPRISE AGREEMENT (ACT) 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 MAY 2019

Application for approval of the Freshmore (NSW) Pty Ltd T/a Advanced Precast and CFMEU Crane Sector Enterprise Agreement (ACT) 2019.

[1] An application has been made for approval of an enterprise agreement known as the Freshmore (NSW) Pty Ltd T/a Advanced Precast and CFMEU Crane Sector Enterprise 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, 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 23 May 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of its members, applied to the Fair Work Commission for approval of the Freshmore (NSW) Pty Ltd T/a Advanced Precast and CFMEU Crane Sector Enterprise Agreement (ACT) 2019. Freshmore (NSW) Pty Ltd T/a Advanced Precast opposed the application. The dispute concerned the terms and conditions of employment for workers in the crane sector, specifically those employed by Freshmore (NSW) Pty Ltd T/a Advanced Precast. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the terms and conditions of employment of the employees covered by the agreement in a manner that was fair. The Commission needed to assess whether the agreement met the "better off overall test" (BOOT) and was free from any unfair provisions. Additionally, the Commission had to consider whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act.

The Fair Work Commission found that the agreement was fair and met the BOOT. The Commission noted that the agreement provided for improved wages, better working conditions, and enhanced job security for the employees. The Commission also found that the agreement was free from any unfair provisions and had been made in accordance with the procedural requirements. The Commission approved the agreement, highlighting the importance of fair and equitable enterprise agreements in promoting harmonious industrial relations.

The Fair Work Commission approved the Freshmore (NSW) Pty Ltd T/a Advanced Precast and CFMEU Crane Sector Enterprise Agreement (ACT) 2019. The approval of the agreement ensures that the employees covered by the agreement will receive improved terms and conditions of employment, contributing to better industrial relations and job satisfaction.

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