DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/447)

THE TRUSTEE FOR BRISBANE PRE-CAST UNIT TRUST T/AS BRISBANE PRE-CAST PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 1 APRIL 2019

Application for approval of The Trustee for Brisbane Pre-Cast Unit Trust T/As Brisbane Pre-Cast Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as The Trustee for Brisbane Pre-Cast Unit Trust T/As Brisbane Pre-Cast Pty Ltd 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). The Agreement is a single-enterprise agreement.

[2] The CFMMEU, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a collective agreement between the trustee for the Brisbane Pre-Cast Unit Trust, trading as Brisbane Pre-Cast Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute was brought before the Fair Work Commission, an Australian federal statutory body with the jurisdiction to regulate employment conditions and relationships. The union sought the approval of a collective agreement that outlined the terms and conditions of employment for the workers at Brisbane Pre-Cast.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained all the mandatory terms and conditions as required by the legislation, and whether it adhered to the principles of good faith bargaining and procedural fairness. The Commission also considered whether the agreement was consistent with the objectives of the Act, such as promoting higher wages and better working conditions.

In delivering its decision, the Commission examined the evidence and arguments presented by both parties. It found that the proposed agreement met the legislative requirements, including the inclusion of all mandatory terms and conditions. The Commission determined that the bargaining process was conducted in good faith and that the agreement reflected the objectives of the Fair Work Act. Consequently, the Commission approved the collective agreement, recognising its compliance with the statutory framework and its potential to improve the terms and conditions of employment for the workers.

No specific orders were made beyond the approval of the collective agreement. The decision effectively validated the agreement, allowing it to take effect and govern the employment relationship between the employer and the union members.

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