DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/989)

READY CUT CONCRETE SAWING & DRILLING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 MAY 2016

Application for approval of the Ready Cut Concrete Sawing & Drilling Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise Agreement known as the Ready Cut Concrete Sawing & Drilling 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 Construction, Forestry, Mining and Energy Union.

[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 11 May 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Ready Cut Concrete Sawing & Drilling Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The union sought approval of the collective agreement, which had been negotiated between the parties, under section 234 of the Fair Work Act 2009. The applicant union argued that the terms of the agreement were fair and reasonable, and that the agreement was appropriate for the workforce covered by the agreement.

The legal issues before the commission included whether the collective agreement met the criteria for approval under section 234 of the Fair Work Act, and whether the agreement was appropriate for the employees covered by the agreement. The commission considered whether the agreement provided for terms and conditions of employment that were fair and reasonable, and whether it met the requirements of the Act. The commission also considered whether the agreement provided for a fair and efficient bargaining process, and whether it was appropriate for the workforce covered by the agreement.

The commission found that the collective agreement met the criteria for approval under section 234 of the Fair Work Act. The commission found that the agreement provided for terms and conditions of employment that were fair and reasonable, and that it met the requirements of the Act. The commission also found that the agreement provided for a fair and efficient bargaining process, and that it was appropriate for the workforce covered by the agreement. The commission approved the collective agreement, and it became a registered agreement under the Act.

The commission made an order approving the collective agreement, and it became a registered agreement under the Fair Work Act. The order was made on 31 July 2015, and it is binding on the parties to the agreement and their employees. The union and the employer are required to comply with the terms of the agreement, and the agreement is enforceable under the Act.

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