DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4249)

SPECIALISED CONCRETE PUMPING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 AUGUST 2016

Application for approval of the Specialised Concrete Pumping Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Specialised Concrete Pumping Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (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 29 August 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement with Specialised Concrete Pumping Pty Ltd, which would apply between 2015 and 2019. The CFMEU sought approval under section 234 of the Fair Work Act 2009, arguing that the agreement was in the best interests of the employees, considering the industrial circumstances and any other relevant matters. The primary legal issue before the Commission was whether the collective agreement was in the best interests of the employees. This required an analysis of the agreement's provisions, the bargaining context, and the overall impact on the employees.

The Commission examined the agreement's provisions, including wages, working conditions, and dispute resolution mechanisms. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees, taking into account the industrial circumstances. The bargaining context was also considered, with the Commission noting that the agreement was the result of good faith negotiations between the parties. Additionally, the overall impact on the employees was assessed, with the Commission concluding that the agreement was in their best interests. The Commission approved the agreement, recognising its benefits for the employees and the parties involved.

The Fair Work Commission's decision highlights the importance of considering various factors when determining whether a collective agreement is in the best interests of employees. By examining the agreement's provisions, bargaining context, and overall impact, the Commission was able to make an informed decision. The approval of the agreement demonstrates the Commission's commitment to promoting fair and reasonable terms and conditions for employees, while also recognising the need for good faith negotiations between employers and unions.

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