DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3963)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 DECEMBER 2020

Application for approval of the AC CONTRUCTION GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the AC CONTRUCTION GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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 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 6 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

The parties in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and AC Construction Group Pty Ltd, and the dispute was over the approval of a Subcontractors Precast Panel Enterprise Agreement 2020-2023. The Fair Work Commission was the court involved in the decision.

The central legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement covered all the necessary matters, was free from prohibited content, and had been formed without any unfair behaviour. The court also needed to determine if the agreement was in the best interests of the employees and the industry.

The Fair Work Commission found that the agreement met all the necessary requirements for approval. It covered all the required matters, contained no prohibited content, and had been formed without any unfair behaviour. The court concluded that the agreement was in the best interests of the employees and the industry. The Commission approved the agreement, and it will now be binding on all parties involved.

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