DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4250)

QUEENSLAND PRE-STRESSING 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 Queensland Pre-Stressing Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Pre-Stressing 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

The case before the Fair Work Commission involved an application for approval of the Queensland Pre-Stressing Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The Construction, Forestry, Mining and Energy Union sought to have the agreement recognised under the Fair Work Act 2009, which mandates that certain agreements must be approved by the Commission before they can be applied. The dispute centred on the terms and conditions outlined in the collective agreement, specifically those relating to employment and remuneration of the employees covered by the agreement.

The central legal issues revolved around whether the collective agreement complied with the provisions of the Fair Work Act, including whether it met the requirements for registration and whether it contained any terms that were contrary to public policy or contrary to the spirit of the Act. The Commission had to determine if the agreement was fair and reasonable and if it provided for a proper balance between the rights and obligations of the employer and the employees.

In its decision, the Commission examined the specifics of the collective agreement, including its coverage, the bargaining process, and the terms and conditions it proposed. The Commission found that the agreement was made in good faith and followed the necessary procedural requirements. It also held that the terms of the agreement were fair and reasonable, providing adequate protections for the employees while also accommodating the legitimate interests of the employer. The Commission was satisfied that the agreement did not contravene any provisions of the Fair Work Act or public policy. Consequently, the Commission approved the collective agreement, allowing it to be applied as a registered instrument.

The Fair Work Commission's approval of the collective agreement concluded the legal proceedings, and the agreement is now in force, governing the employment terms and conditions of the employees covered by it.

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