DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5674)

ZLH PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 JULY 2021

Application for approval of the ZLH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the ZLH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering 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 8 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

The matter involved an application for the approval of an enterprise agreement between ZLH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission, an Australian independent statutory tribunal with the primary role of resolving workplace disputes. The Commission was tasked with determining whether the agreement met the requirements set out in the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in accordance with the provisions of the Fair Work Act, whether it included minimum terms and conditions that complied with the safety net, and whether the agreement was genuinely bargained. Additionally, the Commission had to consider whether the agreement complied with the procedural fairness requirements under the Fair Work Act.

The Commission found that the agreement was made in accordance with the Fair Work Act, as the parties had genuinely bargained for the terms. The agreement included the minimum terms and conditions required by the safety net and adhered to the procedural fairness requirements. Consequently, the Fair Work Commission approved the enterprise agreement, acknowledging the fair and transparent process that had been followed in its negotiation and execution. The Commission's decision to approve the agreement recognised the parties' right to negotiate and finalise an enterprise agreement that suited their specific circumstances while ensuring the minimum standards set out in the Fair Work Act were met.

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