DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5065)

PRECISE CONCRETE CUTTING & DRILLING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 OCTOBER 2018

Application for approval of the Precise Concrete Cutting & Drilling Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Precise Concrete Cutting & 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). 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 11 October 2018. 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

The case involves an application for the approval of a collective agreement between Precise Concrete Cutting & Drilling Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal. The CFMEU sought approval for the collective agreement, which stipulated various terms and conditions of employment for workers in the concrete cutting and drilling industry.

The primary legal issue before the Commission was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the statutory requirements for good faith bargaining and if it adhered to the provisions concerning employee protections and workplace conditions. The CFMEU argued that the agreement was the result of genuine negotiations and provided fair and reasonable terms for employees. Conversely, Precise Concrete Cutting & Drilling Pty Ltd raised concerns about certain clauses, claiming they were overly restrictive and did not align with the company's operational needs.

The Fair Work Commission examined the bargaining process and the content of the agreement to ascertain compliance with the legislative framework. The Commission considered evidence of the negotiation process, the parties' conduct, and the terms of the agreement. It concluded that the agreement was the product of genuine negotiations and did not contravene the statutory requirements. The Commission found that the agreement provided for fair and reasonable terms, taking into account the needs of both the employees and the employer. Consequently, the Fair Work Commission approved the collective agreement, finding it to be compliant with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission's decision resulted in the approval of the Precise Concrete Cutting & Drilling Pty Ltd and CFMEU Union Collective Agreement 2018-2019. This ruling confirmed the validity of the agreement and its terms and conditions for the specified period. The decision reinforces the importance of genuine negotiations and adherence to the legislative framework in collective bargaining processes.

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