DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2979)

NATIONWIDE CONCRETE PUMPING (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 AUGUST 2017

Application for approval of the Nationwide Concrete Pumping (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of a greenfields agreement known as the Nationwide Concrete Pumping (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of a collective agreement between the Nationwide Concrete Pumping (QLD) Pty Ltd and the Construction, Forestry, Mining and Energy Union. The application was brought before the Fair Work Commission, a federal tribunal with jurisdiction over employment-related matters in Australia. The dispute centred around the terms and conditions of employment as outlined in the proposed collective agreement for the period 2015 to 2019.

The central legal issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, whether it provided for fair and reasonable terms and conditions, and if it met the criteria for being a "modern award." The Commission also had to ensure that the agreement did not undermine the fundamental rights of employees as protected under the Act.

The Fair Work Commission, after considering the submissions from both parties, found that the collective agreement was fair and reasonable. It took into account the economic context, the bargaining power of both parties, and the interests of the employees. The Commission concluded that the agreement met the necessary criteria for being a modern award and was in the best interests of the employees. The Commission approved the application, allowing the collective agreement to come into effect as of the specified date.

The Fair Work Commission ordered that the Nationwide Concrete Pumping (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015-2019 be approved and registered as a modern award. The agreement was to apply to all employees of Nationwide Concrete Pumping (QLD) Pty Ltd covered by the agreement, and it was to be effective from the date of the Commission's decision.

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