Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 4266

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/2923)

Apollo Concrete Pty Ltd / CFMEU Greenfield Agreement 2018

Building, metal and civil construction industries
Justice Ross, President	SYDNEY, 19 JULY 2018

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

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

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 the Construction, Forestry, Maritime, Mining and Energy Union are 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.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2018. The nominal expiry date of the Agreement is 31 December 2018.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the Apollo Concrete Pty Ltd / CFMEU Greenfield Agreement 2018. The agreement aimed to regulate the employment terms and conditions of workers employed by Apollo Concrete Pty Ltd, a concrete manufacturer. The primary dispute centred on whether the agreement complied with the relevant statutory requirements and whether it met the standards for being a registered agreement under the Fair Work Act 2009.

The legal issues the court had to address included whether the agreement was genuinely negotiated, if it covered all necessary terms, and whether it provided for a fair and reasonable dispute resolution process. Additionally, the court examined whether the agreement was in the best interests of the employees and whether it adhered to the provisions of the Fair Work Act. The CFMEU argued that the agreement was fairly negotiated and in the best interests of the workers, while Apollo Concrete Pty Ltd raised concerns about the fairness and reasonableness of certain provisions.

The Fair Work Commission found that the agreement was genuinely negotiated and included all necessary terms. The court also concluded that the agreement provided for a fair and reasonable dispute resolution process. The CFMEU demonstrated that the agreement was in the best interests of the workers, and the court confirmed that it complied with the Fair Work Act. Consequently, the Commission approved the agreement, recognising it as a registered agreement under the Fair Work Act 2009. The final orders of the Commission mandated that the agreement be registered and enforced as a registered agreement, effective from the date of approval.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established