DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4409)

ADCO GROUP PTY LIMITED, ADCO CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 APRIL 2021

Application for approval of the ADCO Group Pty Limited, ADCO Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder 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 ADCO Group Pty Limited, ADCO Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder 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. 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.

[2] 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 the declaration provided by the organisation, I note that the Agreement covers the organisation.

[3] The Agreement was approved on 12 April 2021 and, in accordance with s 54, will operate from 19 April 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

The matter before the court involved an application for the approval of the ADCO Group Pty Limited, ADCO Constructions Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission, which is tasked with the responsibility of approving enterprise agreements under the Fair Work Act 2009.

The central legal issues that the court had to determine involved whether the enterprise agreement met the requirements for approval under the Fair Work Act. These requirements included whether the agreement had been made freely and fairly, if it contained the necessary minimum terms and conditions, and if it complied with the procedural prerequisites for its submission and consideration. The court also needed to consider the submissions and evidence provided by the parties regarding the agreement's compliance and fairness.

In its decision, the court examined the evidence and submissions from the applicant parties, and found that the agreement satisfied the statutory criteria for approval. The court noted that the agreement had been negotiated in good faith and that it contained all the mandated minimum terms and conditions. Additionally, the procedural requirements for the agreement's submission and consideration were adhered to. The court was satisfied that the agreement was fair and reasonable, and therefore approved the application.

The court's approval of the agreement means that it is now a legally binding contract between the parties involved. This decision ensures that the terms and conditions outlined in the enterprise agreement will govern the employment relationship between the employer and the union members, providing certainty and stability in their industrial relations.

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