DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3973)

MIRVAC CONSTRUCTIONS (VIC) PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 31 DECEMBER 2020

Application for approval of the MIRVAC CONSTRUCTIONS (VIC) PTY LIMITED and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the MIRVAC CONSTRUCTIONS (VIC) PTY LIMITED and the CFMEU (Victorian Construction and General Division) Builder 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 7 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Builder Enterprise Agreement 2020-2023 entered into with MIRVAC Constructions (Vic) Pty Ltd (MIRVAC). The agreement addressed terms and conditions of employment for employees in the building industry. The legal issues centred on whether the agreement complied with the requirements of the Fair Work Act 2009, including provisions concerning the coverage of the agreement, procedural fairness, and whether the agreement met the "better off overall test" (BOOT). The Commission needed to determine whether the agreement was made in good faith and without coercion, and whether it provided a safety net of minimum entitlements for employees.

The Commission considered the submissions of both parties and the evidence presented. It found that the agreement had been made in good faith, without coercion, and that the consultation process had been procedurally fair. The Commission also determined that the agreement provided a safety net of minimum entitlements and met the better off overall test. The Commission was satisfied that the agreement was appropriate for approval, taking into account the need for flexibility in the building industry and the benefits for employees.

The Fair Work Commission approved the Builder Enterprise Agreement 2020-2023 between MIRVAC Constructions (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division). The approved agreement will now serve as the basis for the terms and conditions of employment for employees covered by the agreement. This decision provides clarity and certainty for both employers and employees in the building industry regarding their rights and obligations under the approved 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