Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 1996

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/1076)

Preston Concretors Pty Limited. / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Wilson	MELBOURNE, 6 APRIL 2018

Application for approval of the Preston Concretors Pty Limited. / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Preston Concretors 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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a proposed collective agreement with Preston Concretors Pty Limited. The agreement was for the period from 1 July 2018 to 30 June 2023 and contained various terms and conditions of employment, including wages, hours, and other employment-related matters. Preston Concretors Pty Limited contested the application, arguing that certain provisions of the agreement were not in the best interests of its employees. The Fair Work Commission was tasked with determining whether the agreement should be approved in its entirety or whether it should be modified or rejected.

The primary legal issue before the Commission was whether the terms of the agreement were fair and reasonable for the employees of Preston Concretors Pty Limited. This involved assessing whether the provisions of the agreement met the criteria for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement provided for the proper regulation of employment conditions, facilitated efficient workplace practices, and did not unfairly discriminate against or cause detriment to employees. Additionally, the Commission needed to determine whether the agreement met the "better off overall test," which required that the overall balance of advantages and disadvantages for employees must be positive.

The Commission found that the proposed agreement was fair and reasonable for the employees of Preston Concretors Pty Limited. It concluded that the agreement met the statutory criteria for approval, as it provided for the proper regulation of employment conditions, facilitated efficient workplace practices, and did not unfairly discriminate against or cause detriment to employees. The Commission also found that the agreement met the "better off overall test," as the overall balance of advantages and disadvantages for employees was positive. The Commission approved the application for the agreement, subject to certain modifications that were deemed necessary to address minor concerns raised by the employer. These modifications included clarifications and adjustments to certain provisions to ensure they aligned with the statutory requirements.

The Fair Work Commission approved the Preston Concretors Pty Limited. / CFMEU Collective Agreement 2018, subject to the aforementioned modifications. The approved agreement will now govern the employment conditions of Preston Concretors Pty Limited employees for the specified period. Both parties must abide by the terms and conditions outlined in the approved agreement, which provides a framework for fair and reasonable employment practices in the workplace.

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