DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7003)

QLD CONCRETE DRILLING & SAWING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 JANUARY 2019

Application for approval of the QLD Concrete Drilling & Sawing Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the QLD Concrete Drilling & Sawing 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, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2019. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Queensland Concrete Drilling & Sawing Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The CFMEU sought approval for the agreement as a registered agreement under the Fair Work Act 2009. The Fair Work Commission was required to decide whether the agreement complied with the requirements of the Act.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for registration under the Act. This involved assessing whether the agreement was fairly and appropriately negotiated, free from any prohibited content, and met the other criteria set out in the Act. Specifically, the Commission needed to consider whether the agreement included any provisions that were contrary to public policy or that had the potential to undermine the operation of the Act.

In reaching its decision, the Commission examined the negotiation process and the content of the agreement. The Commission found that the agreement had been fairly and appropriately negotiated and did not contain any provisions that were contrary to public policy. The Commission also found that the agreement met all other statutory requirements for registration. Consequently, the Commission approved the agreement as a registered agreement under the Act.

The Fair Work Commission approved the Queensland Concrete Drilling & Sawing Pty Ltd and CFMEU Union Collective Agreement 2018-2019 as a registered agreement. The Commission found that the agreement met all statutory requirements for registration and did not contain any provisions that were contrary to public policy. The agreement is now legally binding on all parties covered by it, and employers are required to comply with its terms and conditions.

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