DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5000)

GENERAL BETON CO. PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2015- 2018

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 23 SEPTEMBER 2015

Application for approval of the General Beton Co. Pty Limited / CFMEU Collective Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the General Beton Co. Pty Limited / CFMEU Collective Agreement 2015- 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 23 September 2015 and, in accordance with s.54, will operate from 30 September 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between General Beton Co. Pty Limited and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement, spanning from 2015 to 2018, was submitted for validation under the Fair Work Act 2009. The Commission had to determine whether the agreement met the necessary standards for approval, particularly focusing on whether it was made in good faith and did not undermine the protection of employees' rights.

The central legal issues revolved around the fairness and good faith of the agreement, as well as its compliance with the overarching objectives of the Fair Work Act. The Commission had to assess whether the agreement provided fair terms and conditions for employees, and if it adhered to the principles of free collective bargaining. Additionally, the Commission examined whether the agreement was made without coercion and if it offered adequate protections and benefits to employees.

The Fair Work Commission found that the agreement was made in good faith and did not undermine the protection of employees' rights. The Commission concluded that the agreement provided fair terms and conditions for employees, and it complied with the principles of free collective bargaining. The Commission also found that the agreement was made without coercion and offered adequate protections and benefits to employees. Consequently, the Commission approved the General Beton Co. Pty Limited / CFMEU Collective Agreement 2015 - 2018. The decision was based on the evidence presented and the Commission's interpretation of the relevant legislative provisions and case law.

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