DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6794)

CONCRETE COATINGS & CONCEPTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 DECEMBER 2015

Application for approval of the Concrete Coatings & Concepts Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise Agreement known as the Concrete Coatings & Concepts Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 (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 15 December 2015. 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 Construction, Forestry, Mining and Energy Union (CFMEU) made an application to the Fair Work Commission for approval of a collective agreement with Concrete Coatings & Concepts Pty Ltd, covering the period from 2014 to 2018. The application was made under the Fair Work Act 2009, which provides a process for the approval of collective agreements that are designed to improve the efficiency of the workplace or to avoid industrial action.

The key legal issues that the Commission had to address were whether the collective agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees covered by the agreement. The CFMEU argued that the agreement contained provisions that would improve the efficiency of the workplace, such as provisions for flexible working arrangements and a dispute resolution process. The Commission had to consider whether these provisions were in line with the objectives of the Act and whether they would benefit the employees.

The Commission found that the agreement complied with the requirements of the Fair Work Act and that it was in the best interests of the employees. The Commission noted that the agreement contained provisions that would improve the efficiency of the workplace, such as the flexible working arrangements and the dispute resolution process. The Commission also found that the agreement provided adequate protections for employees, such as provisions for minimum rates of pay and conditions of employment. The Commission concluded that the agreement was fair and reasonable and that it should be approved.

The Fair Work Commission approved the collective agreement between the CFMEU and Concrete Coatings & Concepts Pty Ltd. The Commission found that the agreement contained provisions that would improve the efficiency of the workplace and that it was in the best interests of the employees. The Commission also found that the agreement provided adequate protections for employees and that it was fair and reasonable. The approval of the agreement will provide certainty for both the employer and the employees and will help to avoid industrial action in the future.

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