DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3332)

DOUKE CONCRETE PTY LTD / CFMEU GREENFIELD AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2018

Application for approval of the Douke Concrete Pty Ltd / CFMEU Greenfield Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Douke Concrete Pty Ltd / CFMEU Greenfield Agreement 2018 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 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 Douke Concrete Pty Ltd / CFMEU Greenfield Agreement 2018, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the agreement from the Fair Work Commission (FWC). The agreement, which was made between Douke Concrete Pty Ltd and the CFMEU, sought to govern the terms and conditions of employment for employees engaged by Douke Concrete. The CFMEU argued that the agreement should be approved as it was in the public interest to do so, given the potential for it to provide a model for future agreements in the industry.

The primary legal issue before the FWC was whether the agreement should be approved. The CFMEU argued that the agreement should be approved as it provided for fair and reasonable terms and conditions of employment, and was in the public interest. The FWC had to consider whether the agreement complied with the relevant legislative provisions and whether it would have a detrimental effect on the employees covered by the agreement.

In determining whether the agreement should be approved, the FWC considered the nature of the agreement, the bargaining power of the parties, and the potential impact of the agreement on employees. The FWC found that the agreement provided for fair and reasonable terms and conditions of employment, and was not likely to have a detrimental effect on employees. The FWC also found that the agreement was in the public interest, as it provided for a model for future agreements in the industry. Accordingly, the FWC approved the agreement.

The FWC's decision to approve the Douke Concrete Pty Ltd / CFMEU Greenfield Agreement 2018 provides guidance for future agreements in the industry and highlights the importance of fair and reasonable terms and conditions of employment. The decision also demonstrates the FWC's willingness to consider the public interest when approving agreements.

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