Construction, Forestry, Mining and Energy Union

[2013] FWCA 7297

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9470)

CONCRETE PUMPING SERVICES TRUST T/AS CONCRETE PUMPING SERVICES AUST PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 23 SEPTEMBER 2013

Application for approval of the Concrete Pumping Services Trust T/As Concrete Pumping Services Aust Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Concrete Pumping Services Trust T/As Concrete Pumping Services Aust Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 (CFMEU). 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 CFMEU 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, will operate from 30 September 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFMEUA) applied to the Fair Work Commission for approval of the Concrete Pumping Services Trust T/As Concrete Pumping Services Aust Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Concrete Pumping Services Trust T/As Concrete Pumping Services Aust Pty Ltd is an employer that provides concrete pumping services across Australia. The union argued that the agreement was necessary to address the needs of its members, particularly those working in the concrete pumping industry. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was in the best interests of the employees and whether it complied with the good faith bargaining provisions. The court also needed to consider whether the agreement contained all the terms and conditions of employment, including minimum wages and entitlements, and whether it met the procedural fairness requirements.

The court found that the agreement was in the best interests of the employees and that it complied with the good faith bargaining provisions. The court also determined that the agreement contained all the terms and conditions of employment, including minimum wages and entitlements, and that it met the procedural fairness requirements. The court noted that the agreement provided for a fair and reasonable level of pay and conditions for the employees and that it was negotiated in good faith between the employer and the union. The court also found that the agreement met all the necessary requirements for approval under the Fair Work Act 2009.

The court approved the Concrete Pumping Services Trust T/As Concrete Pumping Services Aust Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The court determined that the agreement was in the best interests of the employees and that it met all the necessary requirements for approval under the Fair Work Act 2009. The agreement will now apply to all employees of the Concrete Pumping Services Trust T/As Concrete Pumping Services Aust Pty Ltd who are covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established