DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3114)

J.M. CONCRETING (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 26 JULY 2018

Application for approval of the J.M. Concreting (NSW) Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the J.M. Concreting (NSW) Pty Ltd / 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 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 2 August 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court was an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the J.M. Concreting (NSW) Pty Ltd / CFMEU Collective Agreement 2018. The dispute arose as the parties sought to resolve issues concerning the terms and conditions of employment for workers within the concreting industry in New South Wales. The application was brought to the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the collective agreement met the statutory requirements set out in the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment. This involved examining the agreement's compliance with provisions regarding minimum standards, good faith bargaining, and the avoidance of unprotected industrial action. The court also had to consider whether the agreement was made in good faith and if it was appropriate to approve the agreement given its provisions.

The court determined that the collective agreement met all statutory requirements and was made in good faith. It found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the industry and the parties' respective positions. The court noted that the agreement included provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions that were consistent with the Fair Work Act's provisions. Additionally, the court found that the agreement addressed key industry issues and provided a balanced outcome for both employers and employees. Based on these findings, the court approved the collective agreement.

The Fair Work Commission approved the J.M. Concreting (NSW) Pty Ltd / CFMEU Collective Agreement 2018, effective from the date of the decision. This approval ensures that the terms and conditions of employment for workers in the concreting industry in New South Wales are governed by the provisions of this collective agreement, subject to any applicable legislation and future 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