Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 2282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/4086)

CONCRETE CONNECT GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 7 APRIL 2014

Application for approval of the Concrete Connect Group Pty Ltd / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Concrete Connect Group Pty Ltd / CFMEU Collective Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Construction Forestry Mining and Energy Union (CFMEU), being bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 14 April 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of the Concrete Connect Group Pty Ltd / CFMEU Collective Agreement 2014-2017. The applicant, Concrete Connect Group Pty Ltd, sought the approval of the agreement which had been negotiated with the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved determining if the collective agreement was made in good faith, was free from coercion and undue influence, and was otherwise compliant with the provisions of the Fair Work Act. Additionally, the Commission needed to assess whether the agreement met the requirements for coverage, bargaining, and approval under the Act. The CFMEU argued that the application should be dismissed due to procedural irregularities, while Concrete Connect Group Pty Ltd contended that the agreement was valid and should be approved.

The Commission found that the agreement was made in good faith and was free from any form of coercion or undue influence. The procedural irregularities raised by the CFMEU did not affect the validity of the agreement. The Commission also concluded that the agreement met all the necessary requirements for coverage and bargaining under the Fair Work Act. Consequently, the application for approval was granted, and the Concrete Connect Group Pty Ltd / CFMEU Collective Agreement 2014-2017 was approved.

As a result of the Commission’s decision, the collective agreement was approved and became effective from the date of the decision. This outcome resolved the dispute between the parties and established the terms and conditions of employment for the relevant period.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established