Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2006)

ICONIC STRUCTURES CONCRETE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 30 JUNE 2022

Application for approval of the Iconic Structures Concrete Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Iconic Structures Concrete Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 7 July 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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 a collective agreement between Iconic Structures Concrete Pty Ltd (Is Concrete) and CFMEU. The dispute centred around the terms of the proposed agreement, specifically concerning the payment of wages and conditions for employees. The Commission had to determine whether the agreement was fair and reasonable in accordance with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement was procedurally and substantively fair. Procedurally, the Commission examined whether the agreement was genuinely negotiated and whether there were any procedural irregularities. Substantively, the Commission assessed whether the terms and conditions of the agreement were fair and reasonable, taking into account the interests of both parties. The Commission also considered the public interest and whether the agreement would promote harmonious, productive and cooperative workplace relations.

In its decision, the Commission found that the agreement was procedurally fair, as it was genuinely negotiated between the parties and there were no procedural irregularities. The Commission also found that the agreement was substantively fair, as the terms and conditions were reasonable and balanced, taking into account the interests of both parties. The Commission noted that the agreement provided for reasonable wages and conditions for employees, while also allowing Is Concrete to operate its business efficiently. The Commission concluded that the agreement would promote harmonious, productive and cooperative workplace relations, and was in the public interest. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The Commission ordered that the agreement be registered as a registered agreement under the Fair Work Act, subject to the modifications made by the Commission. The agreement would be in effect from 1 April 2019 to 31 March 2023, and would apply to all employees of Is Concrete who were members of the CFMEU. The modifications included changes to the penalty rates for weekend work, public holidays and overtime, as well as clarification of the procedures for handling grievances and disputes. The Commission also ordered that the agreement be published on the Fair Work Commission's website, to ensure transparency and accountability.

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