DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5581)

CORCRETE GROUP PTY LTD (“COMPANY”) AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the Corcrete Group Pty Ltd (“Company”) and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Corcrete Group Pty Ltd (“Company”) and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 - 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, 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, 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 22 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between the Corcrete Group Pty Ltd (Company) and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period of 2016 to 2019. The Fair Work Commission (FWC) was tasked with assessing the application under the Fair Work Act 2009. The CFMEU sought to have the agreement approved, while the Company contested the application, raising concerns over certain provisions of the agreement.

The primary legal issue for the FWC was to determine whether the enterprise agreement met the criteria for approval as outlined in the Fair Work Act. This included examining if the agreement contained the necessary "protected action" provisions and if it was made in good faith and free from coercion, undue influence or repudiation. The Company argued that certain provisions were not in accordance with the Act and that the agreement was not made in good faith. The CFMEU contended that the provisions were necessary and that the agreement was made fairly.

The FWC considered the arguments from both parties and examined the provisions of the agreement in question. The Commission found that the agreement did contain the necessary protected action provisions and that it was made in good faith. The FWC concluded that the agreement met the criteria for approval under the Fair Work Act and dismissed the Company's objections. As a result, the FWC approved the Corcrete Group Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 - 2019.

The FWC's decision was that the enterprise agreement was approved, and the terms and conditions set out in the agreement would apply to the employees of the Company for the specified period. The Company was required to implement the agreement and ensure compliance with its provisions. The CFMEU was entitled to enforce the agreement against the Company, and the employees were bound by the terms of the agreement.

Construction, Forestry, 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