DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7130)

CSI CONCRETE SCANNING AND INVESTIGATION AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

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

Application for approval of the CSI Concrete Scanning and Investigation and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the CSI Concrete Scanning and Investigation 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 matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement with CSI Concrete Scanning and Investigation. This dispute centred around the terms of the proposed agreement, which covered the period from 2018 to 2019, and the union's application for registration with the Fair Work Commission. The legal issues before the court were whether the collective agreement was in compliance with the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and the avoidance of industrial action.

The court considered the nature of the agreement and the bargaining process between the union and the employer. It assessed whether the agreement met the requirements for approval, including its fairness and the extent to which it promoted harmonious, productive and cooperative workplace relations. The court also examined the evidence presented on whether the union had engaged in genuine and meaningful bargaining with the employer, as required by the Fair Work Act. The court had to determine if the agreement contained terms that were reasonable and necessary to facilitate the agreement's operation.

The Fair Work Commission found that the collective agreement was consistent with the requirements of the Fair Work Act and was fair and reasonable. The court accepted that the union had engaged in genuine bargaining with the employer and that the agreement contained terms that were necessary for its operation. The commission approved the application for the registration of the agreement and noted that it would promote harmonious, productive and cooperative workplace relations. The court found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees covered by the agreement.

The Fair Work Commission approved the application for the registration of the collective agreement between the CFMEU and CSI Concrete Scanning and Investigation. The court's decision provides guidance to unions and employers on the requirements for approving collective agreements and the importance of genuine bargaining in promoting harmonious workplace relations. The decision also highlights the need for collective agreements to meet the principles of good faith bargaining and the avoidance of industrial action.

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