DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3487)

CHASE CONSTRUCTION (ACT) PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 NOVEMBER 2020

Application for approval of the Chase Construction (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Chase Construction (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2020 (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 December 2020. The nominal expiry date of the Agreement is 31 March 2021.

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 sought approval of the Chase Construction (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2020. The dispute centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement complied with the procedural and substantive provisions set out in the Act. This included verifying that the agreement had been fairly negotiated and that it contained the necessary minimum terms and conditions.

The central legal issue before the Commission was whether the agreement contained all the prescribed minimum terms and conditions as required by section 230 of the Fair Work Act. Additionally, the Commission needed to ensure that the agreement had been genuinely negotiated and that the necessary procedural requirements had been met, including the provision of relevant documents to employees and the opportunity for employee consultation. The Commission also considered whether the agreement addressed issues such as wages, working hours, and other employment conditions in a manner consistent with the provisions of the Act.

The Commission found that the Chase Construction (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2020 complied with the statutory requirements for approval. The agreement was deemed to have been fairly negotiated and contained all the prescribed minimum terms and conditions. The Commission was satisfied that the necessary procedural requirements had been fulfilled, and the employees had been provided with the opportunity to review and understand the agreement. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Chase Construction (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2020, effective from the date of the decision. The Commission determined that the agreement met all the statutory requirements for approval under the Fair Work Act 2009, including the inclusion of all prescribed minimum terms and conditions, and compliance with the procedural provisions.

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