DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1934)

TENSIONED CONCRETE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 MAY 2018

Application for approval of the Tensioned Concrete Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tensioned Concrete 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 23 May 2018 and, in accordance with s.54, will operate from 30 May 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

The parties involved in this case were Tensioned Concrete Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of a collective agreement made between the two parties in 2018. The case was heard by the Fair Work Commission of Australia.

The primary legal issue before the Commission was whether the collective agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission had to assess whether the agreement met the statutory requirements, including the need to promote high wages and high levels of employment, as well as to provide for fair and efficient workplace relations. The Commission also needed to consider whether the agreement had been genuinely negotiated between the parties and whether it was in the best interests of the employees.

The Commission found that the agreement was in compliance with the statutory requirements and was genuinely negotiated. The Commission was satisfied that the agreement promoted high wages and employment levels, provided for fair and efficient workplace relations, and was in the best interests of the employees. The Commission approved the collective agreement, stating that it would contribute to the harmonious and productive relationship between the parties and the employees. The approval of the agreement will now allow the parties to implement the terms and conditions outlined in the collective agreement.

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