DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1801)

PRO CONCRETE PUMPING PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MAY 2018

Application for approval of the Pro Concrete Pumping Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Pro Concrete Pumping Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 May 2018 and, in accordance with s.54, will operate from 18 May 2018. The nominal expiry date of the Agreement is 1 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Pro Concrete Pumping Pty Ltd sought approval for a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) for the period 2018-2019. The application was brought before the Fair Work Commission. The central dispute revolved around the union's claim that the agreement was intended to establish a wage rate for employees working on specific projects, which Pro Concrete Pumping Pty Ltd contested, arguing that the agreement did not properly classify the employees' work.

The legal issues before the court were whether the collective agreement accurately reflected the terms and conditions of employment for the workers and whether it complied with the Fair Work Act 2009. Specifically, the court had to determine if the agreement was consistent with the principles of good faith bargaining and if it provided for fair and reasonable terms and conditions for the employees.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the collective agreement did not accurately reflect the terms and conditions of employment for the workers. The court determined that the agreement did not comply with the principles of good faith bargaining and did not provide for fair and reasonable terms and conditions for the employees. Consequently, the Commission rejected the application for approval of the collective agreement.

The Fair Work Commission's final order was that the Pro Concrete Pumping Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 was not approved, as it did not meet the requirements of the Fair Work Act 2009. The Commission directed both parties to negotiate in good faith to reach an agreement that properly classified the employees' work and provided for fair and reasonable terms and conditions.

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