DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6091)

DE CONSTRUCT GROUP PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS DEMOLITION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 20 JULY 2021

Application for approval of the DE CONSTRUCT GROUP PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the DE CONSTRUCT GROUP PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition 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 27 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of an Enterprise Agreement between DE CONSTRUCT GROUP PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors. The primary dispute revolved around the terms and conditions of employment, wages, and other industrial matters as outlined in the proposed agreement.

The legal issues before the commission centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the commission had to determine if the agreement met the requirements for "better off overall" and "no detriment" to the employees. Additionally, the commission considered whether the agreement contained all necessary provisions to ensure fairness and compliance with existing industrial laws.

The Fair Work Commission found that the agreement did indeed meet the necessary legal standards. The commission noted that the agreement provided for fair wages and conditions that were better than the minimum standards set out in the relevant awards. The commission also found that the agreement did not result in any detriment to the employees, and all necessary provisions were included to ensure compliance with industrial laws. Based on these findings, the commission approved the Enterprise Agreement.

The commission's final orders included the approval of the DE CONSTRUCT GROUP PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023. This decision sets a precedent for similar agreements in the construction industry, ensuring that they adhere to the necessary legal standards and provide fair terms and conditions for employees.

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