DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6195)

NATIONWIDE CONCRETE PUMPING (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 11 DECEMBER 2018

Application for approval of the Nationwide Concrete Pumping (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Nationwide Concrete Pumping (QLD) 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). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE500779 PR702374

CaseChat Overview and Summary

The case involves an application for the approval of a collective agreement between the Nationwide Concrete Pumping (QLD) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The matter was heard in the Fair Work Commission. The key issue before the Commission was whether the collective agreement complied with the relevant statutory requirements and whether it should be approved.

The Commission began its analysis by examining the terms of the agreement and whether they adhered to the provisions of the Fair Work Act. It was crucial to determine whether the agreement met the criteria for approval, including that it did not undermine the fundamental rights of employees and provided for proper dispute resolution mechanisms. The Commission considered the submissions from both parties and the broader implications of the agreement on the industry and workforce.

After careful deliberation, the Commission found that the agreement was consistent with the statutory framework and did not undermine the rights of employees. It was also noted that the agreement provided for effective dispute resolution processes. Consequently, the Commission approved the collective agreement, recognising its potential to provide stability and fairness in the workplace.

The Fair Work Commission approved the Nationwide Concrete Pumping (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019. This decision ensures that the agreement will be binding and enforceable, promoting a harmonious industrial relationship between the employer and the union.

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