DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/728)

PRESTONS CONCRETORS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2015-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 24 APRIL 2015

Application for approval of the Prestons Concretors Pty Limited/CFMEU Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Prestons Concretors Pty Limited/CFMEU Collective Agreement 2015-2018 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 1 May 2015. The nominal expiry date of the Agreement is 31 March 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Prestons Concretors Pty Limited. The dispute centred on the approval of a collective agreement between the two parties, specifically the Prestons Concretors Pty Limited/CFMEU Collective Agreement 2015-2018. The application for approval of this agreement was heard by the Fair Work Commission (FWC). The legal issues that required resolution centred around whether the agreement complied with the Fair Work Act 2009, particularly in relation to the provisions concerning employee entitlements, work conditions, and the processes involved in approving such agreements.

The FWC examined the agreement clause by clause, assessing its compliance with the statutory requirements. One significant aspect of the assessment involved ensuring that the agreement did not adversely affect employees' existing conditions or entitlements. The FWC also considered the procedural fairness of the negotiation process, ensuring that both parties had genuinely bargained and reached the terms of the agreement. The court took into account submissions from both the CFMEU and Prestons Concretors, as well as any relevant industry standards and benchmarks.

After careful deliberation, the FWC found that the agreement was largely compliant with the statutory framework. The court concluded that the terms and conditions set out in the agreement were fair and reasonable, and that the negotiation process had been conducted appropriately. The FWC approved the Prestons Concretors Pty Limited/CFMEU Collective Agreement 2015-2018, thereby providing certainty and stability for the employees and the employer. The decision was made in the interest of maintaining harmonious industrial relations and ensuring that the agreement would serve as a fair basis for future negotiations.

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