DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7878)

CIVIL CONCRETE PTY LTD / CFMEU GREENFIELDS AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 JANUARY 2017

Application for approval of the Civil Concrete Pty Ltd / CFMEU Greenfields Agreement 2016-2018.

[1] An application has been made for approval of a greenfields agreement known as the Civil Concrete Pty Ltd / CFMEU Greenfields Agreement 2016-2018 (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 24 January 2017. The nominal expiry date of the Agreement is 31 March 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 an enterprise agreement between Civil Concrete Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2016-2018. The dispute arose from a disagreement over the terms and conditions of the proposed agreement, which was submitted for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval, including whether it was made in good faith, and whether it complied with the provisions of the Fair Work Act.

The primary legal issues before the Commission involved assessing the good faith of the bargaining process, the fairness of the agreement's terms, and compliance with the Fair Work Act. The Commission had to examine the process through which the agreement was negotiated, ensuring it was free from any improper influences or coercion. Additionally, the terms of the agreement needed to be scrutinised to confirm they were fair and reasonable in all respects, taking into account the need for industrial harmony and the balance of interests between the parties. The Commission also needed to ensure the agreement did not undermine the safety and health provisions under the Fair Work Act.

In its decision, the Commission found that the agreement was made in good faith and met the legal requirements for approval. The Commission was satisfied that the bargaining process was free from any undue influence and that the terms of the agreement were fair. It was noted that the agreement provided for appropriate safeguards and protections for employees, including provisions for wages, hours of work, and other conditions of employment. The Commission concluded that the agreement would promote industrial harmony and was consistent with the principles of the Fair Work Act. The application for approval of the agreement was subsequently granted.

The Commission's final orders included the approval of the Civil Concrete Pty Ltd / CFMEU Greenfields Agreement 2016-2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms and conditions. The decision underscored the importance of fair and balanced enterprise agreements in maintaining harmonious industrial relations.

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