DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/962)

QLD CONCRETE DRILLING & SAWING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 APRIL 2017

Application for approval of the QLD Concrete Drilling & Sawing Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the QLD Concrete Drilling & Sawing Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (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 10 April 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

In the matter of the Construction, Forestry, Mining and Energy Union, the Queensland Concrete Drilling & Sawing Pty Ltd, and the Fair Work Commission, the latter sought approval for the QLD Concrete Drilling & Sawing Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The dispute centred on the enforceability of the agreement, which aimed to establish terms and conditions for employees in the concrete drilling and sawing industry. The court was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues involved whether the agreement complied with the requirements for a modern award, including considerations of fairness and reasonableness. The court examined whether the terms of the agreement provided for the protection of employees' rights, including minimum wages and conditions, and whether they were consistent with the broader objectives of the Fair Work Act. Additionally, the court needed to determine if the agreement contained any provisions that might be seen as overly restrictive or detrimental to the workforce.

In its reasoning, the court found that the agreement was generally consistent with the requirements of a modern award. It concluded that the terms provided for adequate protections and were not unreasonable in the context of the industry. The court emphasised that the agreement contained provisions that aligned with the objectives of the Fair Work Act, including the provision of fair wages and conditions. The court further noted that any provisions that might have been seen as restrictive were outweighed by the overall benefits to the employees. Consequently, the court approved the agreement as a modern award.

The final orders of the court were to approve the QLD Concrete Drilling & Sawing Pty Ltd and CFMEU Union Collective Agreement 2015-2019 as a modern award, effective from the date of the decision. This approval meant that the terms of the agreement would be enforceable under the Fair Work Act, providing a framework for the employment conditions in the concrete drilling and sawing industry for the specified period.

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