DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1722)

BETON PUMPING GROUP PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 JULY 2016

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

[1] An application has been made for approval of an enterprise Agreement known as the Beton Pumping Group Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Beton Pumping Group Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 15 July 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Beton Pumping Group Pty Ltd. The dispute was about whether the Fair Work Commission should approve a proposed collective agreement between the parties, which was to be in effect from 2015 to 2019. The matter was heard by the Full Bench of the Fair Work Commission. The legal issues that the court had to address were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it complied with the relevant provisions of the Act.

The court examined the proposed agreement in detail, considering the provisions of the Fair Work Act and relevant case law. The court noted that the agreement contained a number of provisions that were not consistent with the requirements of the Act, including provisions that allowed for the payment of lower wages to employees who were not members of the union. The court also found that the agreement did not provide for proper dispute resolution mechanisms and that it did not adequately protect the rights of non-unionised employees. The court concluded that the agreement did not meet the requirements of the Act and could not be approved.

The court found that the proposed agreement was not consistent with the Fair Work Act and did not provide adequate protections for non-unionised employees. The court refused to approve the agreement and directed the parties to negotiate a new agreement that complied with the requirements of the Act. The court noted that the agreement contained a number of provisions that were not consistent with the requirements of the Act and that the parties would need to address these issues in any future negotiations. The court also noted that the agreement did not provide for proper dispute resolution mechanisms and that this was an issue that needed to be addressed in any future 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