DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3474)

GENERAL BETON CO. PTY LIMITED/ CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 AUGUST 2018

Application for approval of the General Beton Co. Pty Limited/ CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the General Beton Co. Pty Limited/ 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 the 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 16 August 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

In the matter of an application for approval of the General Beton Co. Pty Limited/ CFMEU Collective Agreement 2018, the Fair Work Commission was tasked with considering the dispute between the General Beton Co. Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The crux of the matter was the application by the union for the approval of the collective agreement, which had been negotiated between the employer and the union representatives. The application was brought before the Fair Work Commission, which is vested with the authority to assess and approve such agreements in accordance with the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the collective agreement met the statutory requirements under the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith and if it complied with the relevant provisions of the Act. This included examining the process through which the agreement was negotiated and whether it adequately represented the interests of both the employees and the employer. Additionally, the Commission had to ensure that the agreement did not contravene any provisions of the Act that protect employees' rights or promote fair work practices.

In reaching its decision, the Commission considered the evidence provided by both parties regarding the negotiation process and the content of the collective agreement. It examined whether the agreement was negotiated in good faith, and if it provided fair terms and conditions for the employees. The Commission also assessed whether the agreement complied with the requirements of the Fair Work Act, including provisions related to the protection of employee rights and the promotion of harmonious workplace relations. Ultimately, the Commission found that the agreement was negotiated in good faith and complied with the relevant statutory requirements. Therefore, it approved the General Beton Co. Pty Limited/ CFMEU Collective Agreement 2018.

The final orders of the Commission included the approval of the collective agreement, subject to its compliance with the Fair Work Act. The Commission directed that the agreement would be registered with the Fair Work Ombudsman, thereby formalising its status under the Act. This decision ensures that the terms and conditions outlined in the agreement are legally enforceable and that both parties are bound by its provisions.

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