DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/128)

PEAK PRECAST PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 FEBRUARY 2019

Application for approval of the Peak Precast Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Peak Precast 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). 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, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2019. The nominal expiry date of the Agreement is 2 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the proceedings were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Peak Precast Pty Ltd. The dispute involved an application for approval of a union collective agreement. The matter was heard in the Fair Work Commission. The legal issues before the Commission centred on whether the collective agreement complied with the relevant legislative requirements, including fairness, reasonableness and compliance with procedural fairness. The Commission had to determine whether the agreement provided for fair terms and conditions, and whether it was made in accordance with the necessary procedures.

In reaching its decision, the Commission considered the submissions made by both parties and the evidence provided. The Commission noted that the agreement contained provisions for the terms and conditions of employment, including wages, hours of work, leave entitlements and other benefits. The Commission found that the agreement was fair and reasonable, and that it complied with the necessary procedures. The Commission approved the collective agreement, finding that it was in the best interests of the employees and the employer.

The final orders of the Commission included the approval of the Peak Precast Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that it would be binding on the parties for the period specified in the agreement. The decision provides guidance for future collective agreements in similar circumstances, highlighting the importance of fairness, reasonableness and procedural compliance.

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