DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7779)

BETON (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 DECEMBER 2016

Application for approval of the Beton (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 Beton (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 5 January 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 Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for the approval of the Beton (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 with the Fair Work Commission. The dispute centred around the validity of certain provisions in the agreement that pertain to shift patterns, overtime, and the use of subcontractors. Beton (QLD) Pty Ltd contested the application, arguing that the provisions were not in line with the principles of the Fair Work Act 2009.

The court was tasked with determining whether the collective agreement complied with the legal standards set out in the Fair Work Act, particularly concerning the rights and obligations of both the employer and the employees. It also had to consider if the provisions in question were fair and reasonable in the context of the employment relationship. The court examined the specific clauses that Beton (QLD) Pty Ltd had challenged, looking at how they affected the terms and conditions of employment for the workers covered by the agreement.

The Fair Work Commission found that the provisions in the collective agreement were generally consistent with the Fair Work Act and did not contravene any legal principles. The court ruled that the provisions were fair and reasonable, taking into account the nature of the work, the industry standards, and the bargaining power of the parties. The application was approved, allowing the collective agreement to come into effect.

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