DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4277)

MONTY PRECAST PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MARCH 2021

Application for approval of the Monty Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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 Monty Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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.

[2] 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.

[3] 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.

[4] The Agreement was approved on 26 March 2021 and, in accordance with s 54, will operate from 2 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 Fair Work Commission involved an application for the approval of the Monty Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for this agreement, which covered employees of Monty Precast Pty Ltd, a company in the precast concrete panel manufacturing industry. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009, particularly concerning the provisions for employee representation and dispute resolution.

The legal issues that the commission had to address included whether the agreement contained provisions that were contrary to the objectives of the Fair Work Act, whether it provided adequate mechanisms for employee representation and dispute resolution, and whether it was made in good faith and without coercion. The CFMEU argued that the agreement was fair and reasonable, while Monty Precast Pty Ltd expressed concerns about certain clauses.

In reaching its decision, the commission examined the provisions of the agreement in detail. It found that while the agreement included some provisions that could potentially be considered contrary to the objectives of the Act, these were not significant enough to warrant refusal of approval. The commission was satisfied that the agreement provided for appropriate mechanisms for employee representation and dispute resolution. Moreover, the evidence did not support any claims of coercion or bad faith in the making of the agreement. Consequently, the commission approved the agreement, recognising its overall fairness and compliance with the legislative framework.

The final orders of the commission were that the Monty Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023 be approved, subject to the conditions and modifications as set out in the decision. This approval ensures that the agreement will serve as the basis for employment conditions in the specified industry for the next three years.

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