DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/843)

CIVIC CONCRETE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 1 MAY 2015

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

[1] An application has been made for approval of an enterprise agreement known asthe Civic Concrete 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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the case of the Construction, Forestry, Mining and Energy Union (CFMEUA) and Civic Concrete Pty Ltd, the matter was brought before the Fair Work Commission (FWC) for approval of the Civic Concrete Pty Ltd / CFMEU Collective Agreement 2015-2018. The dispute centred on whether the proposed agreement, which aimed to govern the employment conditions of workers in the concrete industry, complied with the requirements of the Fair Work Act 2009.

The primary legal issues for the FWC to consider were whether the agreement met the criteria for "better off overall" as required by section 235 of the Fair Work Act and whether it adhered to the standards of good faith bargaining. Additionally, the FWC had to assess if the agreement was consistent with the national minimum terms and conditions and did not unfairly discriminate against any class of employee.

The FWC found that the agreement did indeed satisfy the "better off overall" test, as it provided a range of benefits to employees that outweighed any disadvantages. The FWC also determined that the agreement was a product of good faith bargaining and did not contravene any national minimum terms and conditions. Furthermore, the FWC concluded that the agreement did not unfairly discriminate against any group of employees. Therefore, the FWC approved the agreement, highlighting its benefits to both employers and employees in the concrete industry.

Following the FWC's approval, the Civic Concrete Pty Ltd / CFMEU Collective Agreement 2015-2018 was formally accepted and registered, setting the terms and conditions for the employment of workers in the concrete industry for the specified period.

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