DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3859)

XPRO CONSTRUCTIONS 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, 15 JANUARY 2021

Application for approval of the XPRO CONSTRUCTIONS 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 XPRO CONSTRUCTIONS 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] 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 22 January 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, acting on behalf of a group of employees, applied for the approval of a new enterprise agreement. The respondents to the application were XPRO Constructions Pty Ltd, an employer, and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The dispute centred on whether the agreement met the statutory requirements for registration under the Fair Work Act 2009. The legal issues revolved around whether the agreement contained all the mandatory terms and conditions, if it was free from any illegality, and whether it was made in good faith and without coercion. The commission needed to determine if the agreement was sufficiently comprehensive and fair, and if it adhered to the legal framework for enterprise agreements.

The commission carefully examined the provisions of the agreement, focusing on its completeness, legality, and the process through which it was negotiated. It considered whether the agreement addressed all mandatory terms and if there were any provisions that were unlawful or contrary to public policy. The commission also evaluated the negotiation process to ensure it was conducted in good faith and without any undue pressure. It looked at the fairness of the terms, the parties' bargaining positions, and the extent to which the agreement provided for the protection of employees' rights and interests. After thorough deliberation, the commission found that the agreement was comprehensive, legally sound, and negotiated in good faith.

Consequently, the Fair Work Commission approved the agreement, finding that it satisfied all statutory requirements. The agreement was deemed to provide for the terms and conditions of employment in a manner that was fair and reasonable. The commission highlighted the importance of such agreements in ensuring fair treatment of employees and in maintaining harmonious industrial relations. The approval of the agreement was seen as a positive step towards achieving a balanced and equitable workplace environment. The final orders confirmed the approval of the enterprise agreement and directed the parties to comply with the terms and conditions as set out in the agreement.

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