DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6840)

METRO WIDE CONCRETE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 18 DECEMBER 2018

Application for approval of the Metro Wide Concrete Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Metro Wide Concrete Pty Ltd / CFMEU Collective 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 25 December 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with Metro Wide Concrete Pty Ltd (Metro Wide). The CFMEU argued that the agreement was necessary to protect the rights and interests of its members who were employed by Metro Wide. The Commission was tasked with determining whether the agreement was in the best interests of the employees, as well as whether it complied with relevant legislative provisions.

The primary legal issue before the Commission was whether the collective agreement was fair and reasonable in all its terms and conditions, and whether it was in the best interests of the employees. The Commission also had to consider whether the agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth), including the requirement that the agreement be "freely and fairly negotiated". Additionally, the Commission was required to assess whether the agreement provided adequate protections for employees in relation to their rights and entitlements, as well as whether it promoted harmonious, productive and cooperative workplace relations.

In determining the application, the Commission considered the evidence and submissions provided by both parties, as well as relevant legal principles and precedents. The Commission found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, including provisions for wages, penalties, leave, and other entitlements. The Commission also found that the agreement was freely and fairly negotiated, and that it complied with all relevant legislative provisions. The Commission approved the collective agreement, subject to certain conditions and modifications.

The Commission's final orders included the approval of the Metro Wide Concrete Pty Ltd / CFMEU Collective Agreement 2018, with certain conditions and modifications to ensure that it complied with all relevant legislative provisions and protected the rights and interests of employees. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that it would remain in force until a specified date or until varied or terminated in accordance with the agreement or the law.

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