DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6331)

D.M & F.L BALDI PTY. LTD. T/AS STATEWIDE PANELS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 AUGUST 2021

Application for approval of the D.M & F.L BALDI PTY. LTD. T/AS STATEWIDE PANELS and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the D.M & F.L BALDI PTY. LTD. T/AS STATEWIDE PANELS and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the D.M & F.L Baldi Pty Ltd trading as Statewide Panels, in conjunction with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), seeking approval of their Subcontractors Precast Panel Enterprise Agreement for the period 2020-2023. The application was heard by the Fair Work Commission, a tribunal established under the Fair Work Act 2009 to manage and resolve workplace relations issues.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement complied with the procedural requirements and substantive provisions of the Act, ensuring it did not adversely affect employees' rights or workplace conditions. The Commission also needed to assess if the agreement was genuinely negotiated and if it provided fair and reasonable terms for the employees.

The Fair Work Commission found that the application complied with the necessary procedural requirements and substantive provisions of the Fair Work Act. The agreement was deemed to have been genuinely negotiated between the parties, and it did not adversely affect the employees' rights or workplace conditions. The Commission concluded that the agreement provided fair and reasonable terms for the employees and approved the Subcontractors Precast Panel Enterprise Agreement 2020-2023. Consequently, the application was approved, and the agreement came into effect on 1 July 2020.

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