DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1123)

CONCRETE STRUCTURES PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 APRIL 2019

Application for approval of the Concrete Structures Pty Limited / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Concrete Structures Pty Limited / CFMEU Collective Agreement 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 30 April 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case of the Construction, Forestry, Maritime, Mining and Energy Union's application for approval of the Concrete Structures Pty Limited / CFMEU Collective Agreement 2019, the Fair Work Commission was tasked with determining the merits of the agreement between the union and the employer. The dispute centred on the specific terms and conditions of employment as outlined in the agreement, which the union had negotiated with Concrete Structures Pty Limited. The union sought formal recognition and approval of the collective agreement, ensuring it complied with the relevant industrial legislation.

The primary legal issues before the Commission included whether the agreement met the statutory requirements under the Fair Work Act 2009, and whether it provided adequate protections and benefits for the employees. The Commission examined the fairness and reasonableness of the terms, the extent of employee representation, and the implications for industrial relations within the sector. A particular focus was placed on ensuring the agreement did not undermine the rights and protections afforded to employees under the Fair Work Act.

The Commission found that the collective agreement was comprehensive and met the necessary statutory criteria. The terms provided fair and reasonable conditions for the employees, supported by the union's advocacy and negotiation efforts. The Commission concluded that the agreement did not contravene any provisions of the Fair Work Act and provided a fair balance of interests between the employer and the employees. Accordingly, the Commission approved the collective agreement, allowing it to take effect as intended by the parties.

In summary, the Fair Work Commission approved the Concrete Structures Pty Limited / CFMEU Collective Agreement 2019, finding it to be compliant with the Fair Work Act and providing fair terms for the employees. The Commission's decision ensures that the agreement can be implemented, offering a framework for industrial relations in the specified sector.

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