DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4985)

CITICRETE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 21 SEPTEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Citicrete 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 21 September 2015 and, in accordance with s.54, will operate from 28 September 2015. 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Citicrete Pty Ltd and CFMEU Union Collective Agreement 2015-2019. Citicrete Pty Ltd contested the application on the basis that the agreement contained unfair provisions. The FWC was required to determine whether the provisions of the agreement were fair. The CFMEU argued that the agreement was fair and that the FWC should approve it. Citicrete Pty Ltd argued that certain provisions were unfair and that the FWC should not approve the agreement.

The FWC considered the provisions of the agreement in light of the criteria for fairness set out in section 233 of the Fair Work Act 2009. The FWC found that most of the provisions of the agreement were fair. However, the FWC found that certain provisions relating to the use of subcontractors were unfair. The FWC determined that these provisions did not meet the criteria for fairness and could not be approved. The FWC approved the agreement with the unfair provisions removed.

The FWC approved the Citicrete Pty Ltd and CFMEU Union Collective Agreement 2015-2019 with certain provisions relating to the use of subcontractors removed. The FWC found that the remaining provisions of the agreement were fair and should be approved. The FWC also ordered that the unfair provisions be removed from the agreement before it was registered with the Australian Industrial Relations Commission. The CFMEU and Citicrete Pty Ltd were directed to cooperate in the removal of the unfair provisions and the registration of the amended agreement.

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