DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7085)

TENSIONED CONCRETE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 JANUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Tensioned Concrete 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 25 January 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

In the Federal Court of Australia, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement entered into with Tensioned Concrete Pty Ltd for the years 2018-2019. The application was brought under section 235 of the Fair Work Act 2009, which provides a mechanism for the approval of enterprise agreements. The nature of the dispute centred on the validity and enforceability of the collective agreement, particularly in relation to its compliance with the statutory requirements set out in the Fair Work Act. The CFMEU argued that the agreement was fairly negotiated and met all necessary conditions for approval.

The primary legal issues before the court were whether the agreement was genuinely negotiated and if it contained the minimum terms and conditions as required by the Fair Work Act. The court had to consider whether the agreement was made in good faith, if it provided for proper consultation and disclosure of relevant information, and if it satisfied the minimum standards prescribed by the Act. The CFMEU had to demonstrate that the agreement was not only negotiated in good faith but also that it adhered to all statutory requirements for minimum terms and conditions. The court's task was to carefully scrutinise the negotiation process and the content of the agreement to ensure compliance with the legislative framework.

The court examined the evidence provided regarding the negotiation process and found that the union had genuinely negotiated the agreement. It was satisfied that the parties had engaged in proper consultation and that the agreement contained all the necessary minimum terms and conditions. The court found that the agreement was not only fairly negotiated but also that it met the statutory requirements under the Fair Work Act. As such, the court approved the collective agreement, finding it to be valid and enforceable. The decision underscored the importance of adhering to the legislative framework in the negotiation and approval of enterprise agreements.

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