DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3854)

ABD PERSONNEL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 DECEMBER 2020

Application for approval of the ABD PERSONNEL PTY LTD 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 ABD PERSONNEL PTY LTD 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 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2020. 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 case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and ABD Personnel Pty Ltd. The CFMEU sought approval for a Builder Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission. The nature of the dispute was primarily about the terms and conditions outlined in the proposed agreement and whether they met the legal standards for enterprise agreements under the Fair Work Act 2009.

The central legal issues for the court to decide were whether the agreement was genuinely bargained for and if it met the procedural requirements as stipulated in the Act. The court also had to consider if the agreement contained all the required minimum terms and conditions as per the Fair Work Act, and whether it complied with the public interest test.

The Fair Work Commission, after reviewing the application, found that the proposed agreement was genuinely negotiated and met all the required legal criteria. It was noted that the agreement contained all the mandated minimum terms and conditions. Furthermore, the commission was satisfied that the agreement passed the public interest test. Consequently, the application for the approval of the agreement was granted. The court’s decision was based on the thorough examination of the negotiation process, the terms of the agreement, and the compliance with statutory requirements.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Background to the litigation

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Legal Principle Established