Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 7230

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/6426)

Ready Cut Concrete Sawing & Drilling 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 Ready Cut Concrete Sawing & Drilling Pty Ltd and CFMEU Union Collective Agreement 2018-2019

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Ready Cut Concrete Sawing & Drilling 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.

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.

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.

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

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Ready Cut Concrete Sawing & Drilling Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2018-2019. The Commission was tasked with assessing the terms and conditions outlined in the agreement to ensure they complied with the requirements of the Fair Work Act 2009. The CFMEU sought approval for the agreement on behalf of its members employed by Ready Cut, and the company did not oppose the application. However, the Commission needed to ensure that the agreement was fair and did not undermine the principles of the Fair Work Act.

The primary legal issue the Commission had to address was whether the terms and conditions of the collective agreement were compliant with the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. This involved examining the fairness of the provisions, considering whether they met the basic entitlements outlined in the National Employment Standards, and ensuring they did not contravene any provisions of the Act that could be considered detrimental to the employees or the employer. The Commission also had to ensure that the agreement was not entered into under duress or as a result of any form of coercion.

In its reasoning, the Commission noted that the agreement provided for terms and conditions that were consistent with the basic entitlements required under the National Employment Standards. The Commission found that the agreement was fair and did not contain any provisions that would undermine the principles of the Fair Work Act. The CFMEU demonstrated that the agreement was entered into voluntarily and that there was no evidence of coercion. The Commission approved the collective agreement, stating that it met the necessary criteria for fairness and compliance with the relevant Acts.

The final orders of the Commission were to approve the Ready Cut Concrete Sawing & Drilling Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The agreement was deemed to be compliant with the Fair Work Act and the Fair Work (Registered Organisations) Act 2009, and was considered to be fair and reasonable in all respects. The Commission's decision was based on the evidence presented and the thorough examination of the agreement's provisions, which demonstrated its alignment with the principles of the relevant Acts.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established