DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7195)

POST TENSION COMPANY PTY LTD AND CFMEU ACT POST-TENSIONING SECTOR AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Post Tension Company Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Post Tension Company Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2018 (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 27 February 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the Post Tension Company Pty Ltd and CFMEU ACT Post-Tensioning Sector Agreement 2018. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the criteria set out in the Fair Work Act 2009. The agreement in question related to the terms and conditions of employment for workers within the post-tensioning sector.

The legal issues before the Commission included whether the agreement had been made freely and fairly, whether it provided for a safety net of minimum wages and conditions, and whether it allowed for the proper protection of employees' rights. Additionally, the Commission had to consider whether the agreement met the requirements for a single interest employer agreement and whether it complied with the provisions of the Fair Work Act.

The Fair Work Commission determined that the agreement had been made freely and fairly, and that it provided for a safety net of minimum wages and conditions. The Commission found that the agreement allowed for the proper protection of employees' rights and met the requirements for a single interest employer agreement. The Commission also concluded that the agreement complied with the provisions of the Fair Work Act. Based on these findings, the Commission approved the agreement, which will now apply to the workers within the post-tensioning sector. The decision ensures that the workers in this sector have a fair and effective agreement that provides for their rights and interests.

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