DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5881)

SPECIALISED CONCRETE PUMPING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 13 NOVEMBER 2018

Application for approval of the Specialised Concrete Pumping 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 Specialised Concrete Pumping 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 20 November 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the Specialised Concrete Pumping Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The applicant argued that the agreement was fair and reasonable and met the criteria set out in the Fair Work Act 2009. The employer contested the application, arguing that the agreement contained provisions that were not in the best interests of the employees and the employer. The case was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the provisions of the agreement were fair and reasonable and whether they met the criteria set out in the Fair Work Act 2009. The Commission considered the evidence and submissions presented by both parties and examined the relevant provisions of the agreement. The Commission found that the agreement met the criteria set out in the Fair Work Act 2009 and approved the agreement.

The Commission considered the provisions of the agreement in light of the evidence presented by both parties. It found that the agreement contained provisions that were in the best interests of both the employees and the employer. The Commission noted that the agreement provided for a fair and reasonable wage increase and included provisions for the protection of employees' health and safety. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or that would have an unreasonable impact on the employer's business operations. The Commission approved the agreement and made the necessary orders.

The Fair Work Commission approved the Specialised Concrete Pumping Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The employer was ordered to give the agreement to the employees and to comply with its terms. The agreement became binding on the parties and was registered with the Fair Work Commission.

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