DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4946)

CLAS CONCRETE & CONSTRUCTION PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 17 SEPTEMBER 2015

Application for approval of the CLAS Concrete & Construction Pty Ltd / CFMEU Collective Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the CLAS Concrete & Construction Pty Ltd / 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 17 September 2015 and, in accordance with s.54, will operate from 24 September 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and CLAS Concrete & Construction Pty Ltd. The dispute centred around the terms and conditions of employment as stipulated in the proposed collective agreement for the period of 2015 to 2018. The Commission was tasked with ensuring that the agreement complied with the Fair Work Act 2009 and other relevant industrial instruments.

The central legal issues for the Commission to address were whether the collective agreement contained terms that were contrary to the public interest or in breach of any legislative provisions, and whether the agreement met the statutory requirements for approval under the Fair Work Act. Furthermore, the Commission had to consider if the agreement provided for fair and reasonable terms for both the employees and the employer, and if the bargaining process was conducted in good faith.

In reaching its decision, the Fair Work Commission examined the specifics of the proposed collective agreement, including the wages, conditions, and dispute resolution mechanisms. The Commission found that the agreement did not contain any terms that were contrary to the public interest or in breach of any legislative provisions. It was also determined that the agreement provided for fair and reasonable terms for both parties and that the bargaining process was conducted in good faith. Consequently, the Commission approved the collective agreement, ensuring that it complied with all statutory requirements and would not adversely affect the public interest.

The Fair Work Commission approved the CLAS Concrete & Construction Pty Ltd / CFMEU Collective Agreement 2015 - 2018, confirming its compliance with the Fair Work Act 2009 and relevant industrial instruments. This decision provided certainty and stability to the parties involved and ensured that the agreement met the necessary legal standards for approval.

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