DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2411)

AZZURRI CONCRETE GROUP PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2018

Application for approval of the Azzurri Concrete Group Pty Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Azzurri Concrete Group 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 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 6 July 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 Fair Work Commission was an application for the approval of a collective agreement between Azzurri Concrete Group Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application arose out of negotiations between the parties, which culminated in the proposed collective agreement. The CFMEU sought to have the agreement approved, while Azzurri Concrete Group Pty Limited did not oppose the application, though it did not actively support it either. The central issue for the Commission was whether the collective agreement complied with the requirements of the Fair Work Act 2009, particularly whether it met the standards of good faith bargaining and provided for fair and reasonable terms and conditions of employment.

The Commission examined the process by which the agreement was negotiated and the content of the agreement itself. It considered whether the agreement demonstrated good faith bargaining, whether the terms and conditions were fair and reasonable, and whether the agreement provided for appropriate mechanisms for dispute resolution. The Commission noted that while Azzurri Concrete Group Pty Limited did not oppose the application, it had not engaged in active support of the agreement, which was relevant in assessing whether the agreement was the product of good faith bargaining. Despite this, the Commission found that the agreement had been negotiated in good faith and that its terms and conditions were fair and reasonable. The Commission also found that the agreement provided for adequate mechanisms for dispute resolution, meeting the requirements of the Act.

Having found that the agreement complied with the relevant statutory provisions, the Commission approved the collective agreement. The approval meant that the terms and conditions set out in the agreement would apply to the employees covered by the agreement, and would have the force of an enterprise agreement under the Act. The Commission's decision was based on its finding that the agreement was the product of good faith bargaining, and that its terms and conditions were fair and reasonable. The approval of the agreement was an important step in resolving the dispute between the parties and ensuring that the employees covered by the agreement had appropriate protections and entitlements.

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