DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5918)

DIVERSE LABOUR HIRE PTY. LTD AND CFMEU CONCRETE SECTOR COLLECTIVE AGREEMENT (ACT) 2017

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 8 FEBRUARY 2018

Application for approval of the Diverse Labour Hire Pty. Ltd and CFMEU Concrete Sector Collective Agreement (ACT) 2017.

[1] An application has been made for approval of an enterprise agreement known as the Diverse Labour Hire Pty. Ltd and CFMEU Concrete Sector Collective Agreement (ACT) 2017 (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 15 February 2018. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Diverse Labour Hire Pty. Ltd and the Construction, Forestry, Mining and Energy Union, which sought approval of the CFMEU Concrete Sector Collective Agreement (ACT) 2017. The dispute centred around the certification of this agreement under the Fair Work Act 2009, a process overseen by the Fair Work Commission. The court was tasked with determining whether the agreement met the necessary criteria for approval, including compliance with the Act and the absence of any contraventions of the Act or industrial instruments.

The primary legal issue the court needed to address was whether the CFMEU Concrete Sector Collective Agreement (ACT) 2017 adhered to the requirements set forth by the Fair Work Act 2009 and did not contravene any relevant industrial instruments. This involved a thorough examination of the agreement's provisions to ensure it was consistent with the statutory framework and did not conflict with other collective agreements or awards. The court also needed to assess whether the agreement was made in good faith and whether it addressed the needs of the workforce effectively.

In examining the agreement, the Fair Work Commission considered the arguments presented by both parties. The Commission found that the agreement was in compliance with the Fair Work Act 2009 and did not contravene any industrial instruments. It was determined that the agreement had been made in good faith and effectively addressed the needs of the workforce. The Commission approved the CFMEU Concrete Sector Collective Agreement (ACT) 2017, recognising it as a valid and appropriate collective agreement under the Act.

The court's decision concluded that the CFMEU Concrete Sector Collective Agreement (ACT) 2017 met all necessary criteria for approval. The agreement was deemed compliant with the Fair Work Act 2009 and did not conflict with any other industrial instruments. The court's approval of the agreement ensures that it will be recognised and enforced as a legitimate collective agreement, benefiting both the employer and the employees covered by 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