DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3967)

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

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

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

[1] An application has been made for approval of an enterprise agreement known as the AC CONSTRUCTION GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 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 case involved an application for approval of a subcontractor's enterprise agreement between AC Construction Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission. The dispute centred around whether the agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009. Key issues included whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions.

The Commission needed to determine if the agreement was made in accordance with the requirements of the Fair Work Act, specifically whether it was made in good faith and contained the minimum terms and conditions. The parties debated whether certain clauses in the agreement were necessary for good faith bargaining and if they adhered to the minimum standards stipulated by the Act. The Commission examined the process of negotiation, the content of the agreement, and whether it provided fair and reasonable terms for the employees involved.

After thorough examination, the Fair Work Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The Commission was satisfied with the negotiation process and the content of the agreement, deeming it fair and reasonable for the employees. Consequently, the application for approval was successful.

The Commission approved the subcontractor's enterprise agreement, confirming its compliance with the Fair Work Act. This decision ensured that the agreement would legally govern the employment conditions between AC Construction Group Pty Ltd and the union for the specified period.

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