DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3528)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the Pro 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 Pro 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 20 June 2016 and, in accordance with s.54, will operate from 27 June 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 involved an application by Pro Concrete Pumping Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of their Collective Agreement 2015-2019. The application was heard in the Fair Work Commission of Australia. The primary dispute centred on whether the proposed collective agreement was in compliance with the relevant industrial relations legislation and whether it adhered to the principles of good faith bargaining and fairness.

The legal issues before the Commission included assessing whether the collective agreement contained all the necessary mandatory terms as required by the Fair Work Act 2009. Additionally, the Commission needed to determine if the agreement was the product of genuine negotiations between the parties and whether it provided adequate protections and entitlements for the employees. Furthermore, the court had to consider if the agreement unfairly disadvantaged or unduly favoured any party involved.

The Fair Work Commission evaluated the collective agreement clause by clause, examining its compliance with statutory requirements and the principles of good faith bargaining. The Commission found that the agreement contained all the necessary mandatory terms and that the negotiations between the parties were genuine. It also determined that the agreement provided fair and reasonable terms for both the employer and the employees. The Commission approved the collective agreement, noting that it did not unjustifiably favour either party and was consistent with the principles of fairness and good faith.

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