DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/795)

J.M. CONCRETING (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 23 APRIL 2015

Application for approval of the J.M. Concreting (Aust) Pty Ltd / CFMEU Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known asthe J.M. Concreting (Aust) 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

The case before the Fair Work Commission involved an application for approval of a collective agreement between J.M. Concreting (Aust) Pty Ltd and the Construction, Forestry, Mining and Energy Union for the period 2015-2018. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission needed to consider several legal issues, including whether the agreement was made in good faith, whether it was free from any improper influence or coercion, and whether it provided for terms and conditions that were fair and reasonable.

The Commission began its analysis by examining the process through which the agreement was made. It considered whether the parties had engaged in genuine and meaningful bargaining. The Commission looked at the documentation provided and the conduct of the negotiations to assess the good faith of the parties. It also evaluated whether there was any evidence of coercion or improper influence that could undermine the validity of the agreement. Furthermore, the Commission assessed the terms of the agreement to determine if they were fair and reasonable, taking into account the economic and operational context of the industry.

In reaching its decision, the Commission found that the agreement had been made in good faith, free from any improper influence or coercion, and that the terms and conditions were fair and reasonable. The Commission noted the parties' commitment to a collaborative approach during negotiations and the comprehensive nature of the agreement, which addressed various aspects of employment conditions. The Commission concluded that the agreement met the legislative requirements and was in the best interests of the employees. Consequently, the Commission approved the collective agreement.

The final orders of the Commission included the approval of the J.M. Concreting (Aust) Pty Ltd / CFMEU Collective Agreement 2015-2018, subject to the terms and conditions set out in the agreement. The Commission's decision was based on the evidence presented, which demonstrated that the agreement had been negotiated in good faith and provided for fair and reasonable terms for the employees.

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