DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6248)

BRING ENTERPRISES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LABOUR HIRE ENTERPRISE AGREEMENT 2020-2023

Vehicle industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JULY 2021

Application for approval of the Bring Enterprises Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Bring Enterprises Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. 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.

[3] The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 26 July 2021 and, in accordance with s 54, will operate from 2 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval for a proposed enterprise agreement between Bring Enterprises Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors. The matter was heard in the Fair Work Commission, which is Australia's national workplace relations tribunal. The dispute centred around whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered.

The court was required to determine whether the agreement contained the appropriate procedural fairness provisions, as mandated by section 232 of the Act, and if it complied with the good faith bargaining provisions outlined in section 228. Additionally, the court needed to consider if the agreement was in the best interests of the employees, as required by section 235 of the Act.

The Fair Work Commission found that the proposed agreement did indeed include the necessary procedural fairness provisions and was in compliance with the good faith bargaining requirements. Furthermore, the court determined that the agreement was in the best interests of the employees, taking into account factors such as the fairness of the terms and conditions, the parties' bargaining positions, and the nature of the industry. Consequently, the court approved and registered the proposed enterprise agreement.

As a result of the court's decision, the Bring Enterprises Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2020-2023 was approved and registered. This decision ensures that the agreement will be in effect for the specified period, governing the employment terms and conditions for the employees involved in the specified industries.

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