DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5890)

COCONUT PT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS POST-TENSIONING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 JULY 2021

Application for approval of the COCONUT PT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the COCONUT PT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the COCONUT PT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning Enterprise Agreement 2020-2023. The dispute arose from the negotiation process of the agreement between the CFMEU and the employer, COCONUT PT PTY LTD. The CFMEU sought the Commission's approval of the agreement, which was necessary to ensure its validity and enforceability under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in good faith and whether it complied with the requirements of the Fair Work Act. The Commission had to consider whether the negotiation process was genuine and whether the terms of the agreement were fair and reasonable. Additionally, the Commission needed to determine whether the agreement met the statutory requirements, including whether it complied with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

In delivering its decision, the Commission examined the evidence presented by both parties and considered the relevant statutory provisions. The Commission found that the negotiation process had been genuine and that the agreement had been made in good faith. The Commission also found that the terms of the agreement were fair and reasonable and that it complied with the requirements of the Fair Work Act. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Commission's decision to approve the agreement was based on its finding that the negotiation process was genuine and that the agreement met the statutory requirements. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The Commission also found that the agreement was in the best interests of the employees covered by the agreement and that it promoted the objectives of the Fair Work Act. The Commission's approval of the agreement ensures that it is valid and enforceable under the Fair Work Act.

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