DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6356)

NORRIS CONSTRUCTION GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 AUGUST 2021

Application for approval of the NORRIS CONSTRUCTION GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the NORRIS CONSTRUCTION GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023 (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, Maritime, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between the Norris Construction Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. The court was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The primary legal issue was whether the agreement contained all the mandatory terms and conditions as required by the Fair Work Act and whether it was fairly negotiated.

The court examined the terms of the agreement and the process through which it was negotiated. It was crucial to ensure that the agreement was not only comprehensive in terms of its provisions but also that the negotiation process was fair and in good faith. The court considered the evidence presented by both parties regarding the negotiation process, the extent of the consultation, and the fairness of the agreement's terms. The court also verified that all mandatory terms, as stipulated by the Fair Work Act, were included in the agreement.

After thorough deliberation, the court concluded that the agreement satisfied all the necessary legal requirements. The terms were comprehensive and covered all mandatory conditions, and the negotiation process was conducted in good faith. Therefore, the court approved the enterprise agreement. The decision was grounded on the evidence that the agreement was fair and comprehensive and that the negotiation process adhered to the principles of good faith and fairness as required by the Fair Work Act.

The final order of the court was the approval of the Norris Construction Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. This approval signifies that the agreement is now legally binding on the parties involved and will govern the employment conditions for the specified period.

Construction, Forestry, Maritime, 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