DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5892)

CONCRETE STRUCTURES GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 DECEMBER 2017

Application for approval of the Concrete Structures Group Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Concrete Structures Group Pty Ltd / CFMEU Collective Agreement 2017-2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 21 December 2017. The nominal expiry date of the Agreement is 31 December 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 Concrete Structures Group Pty Ltd and the Construction, Forestry, Mining and Energy Union. The union sought to have the agreement, which was entered into with the company, formally approved under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment outlined in the agreement and whether they met the legal standards for approval under the relevant industrial relations legislation.

The legal issues before the Commission included whether the agreement provided for the protection of employees' rights and interests, whether it adhered to the principles of good faith bargaining, and whether the agreement contained provisions that were contrary to public policy or otherwise unenforceable. The Commission also had to consider whether the agreement was made in a manner that ensured procedural fairness and if it contained the necessary details required by the Fair Work Act.

The Fair Work Commission found that the agreement did provide for the protection of employees' rights and interests, and it was made in good faith. The Commission was satisfied that the agreement adhered to the principles of good faith bargaining and did not contain any provisions that were contrary to public policy. Furthermore, the Commission determined that the agreement was made in a manner that ensured procedural fairness and contained the necessary details required by the Fair Work Act. As a result, the Commission approved the collective agreement.

The Fair Work Commission approved the Concrete Structures Group Pty Ltd / CFMEU Collective Agreement 2017-2018, thereby granting the union's application for its formal approval. The agreement was found to be compliant with the legal standards set out in the Fair Work Act 2009, and it was deemed to be in the best interests of the employees involved.

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