DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4560)

VARI WORKFORCE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 APRIL 2021

Application for approval of the Vari Workforce Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Vari Workforce Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 30 April 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement between Vari Workforce Pty Ltd and the CFMEU. The agreement was for the period 2019 to 2023 and covered various aspects of employment, including wages, conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary legal issue before the Commission was whether the collective agreement complied with the statutory requirements for approval under the Fair Work Act 2009, specifically whether it was a genuine enterprise agreement and whether it adhered to the relevant provisions of the Act.

The Commission examined the agreement to determine if it was a genuine enterprise agreement, considering factors such as the involvement of genuine bargaining parties, the absence of coercion, and the comprehensive coverage of the agreement. The Commission also assessed whether the agreement contained any provisions that were inconsistent with the provisions of the Act. Ultimately, the Commission found that the agreement was a genuine enterprise agreement that met all the statutory requirements for approval. The Commission noted that the agreement had been negotiated in good faith by the parties and that it contained provisions that were consistent with the provisions of the Act. The Commission approved the collective agreement, highlighting the importance of genuine bargaining and the need for compliance with the statutory requirements for approval. The Commission's decision underscores the importance of ensuring that collective agreements are negotiated in good faith and meet the statutory requirements for approval, thereby promoting industrial harmony and protecting the rights of employees and employers.

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