DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1238)

TENSIONED CONCRETE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 MAY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Tensioned Concrete 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 6 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 matter before the court involved an application for the approval of a collective agreement between Tensioned Concrete Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The primary focus of the application was to determine whether the proposed terms of the agreement complied with the necessary legal standards and provisions outlined in the Fair Work Act 2009. The case was heard in the Fair Work Commission, which has jurisdiction over employment-related disputes and collective bargaining agreements in Australia.

The legal issues central to the case revolved around the compliance of the proposed collective agreement with the statutory requirements set forth in the Fair Work Act. Specifically, the court had to consider whether the agreement met the criteria for approval under section 234 of the Act, which mandates that an enterprise agreement must not have the purpose or effect of discriminating against employees on the basis of their union membership or activity. The court also examined whether the agreement contained provisions that were contrary to public policy or that did not meet the good faith bargaining standards as stipulated by the legislation.

The Fair Work Commission found that the collective agreement between Tensioned Concrete Pty Ltd and the CFMEU adhered to all necessary legal standards. The court concluded that the agreement did not discriminate against employees based on union membership or activity and did not contravene any public policy or good faith bargaining requirements. The commission also determined that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. As a result, the application for approval of the collective agreement was granted.

In summary, the court approved the proposed collective agreement, ensuring that it met all statutory requirements and standards set by the Fair Work Act. The decision confirmed the legality and fairness of the agreement, allowing it to proceed as intended between the parties involved.

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