DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2428)

COLDMASTER INDUSTRIES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 SEPTEMBER 2020

Application for approval of the COLDMASTER INDUSTRIES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the COLDMASTER INDUSTRIES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 10 September 2020. The nominal expiry date of the Agreement is 30 July 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of an enterprise agreement between Coldmaster Industries Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The union sought to have the agreement, which contained terms relating to wages, conditions of employment, and dispute resolution mechanisms, approved under the Fair Work Act 2009. The application was contested by the employer, which argued that certain provisions of the agreement were not fair and reasonable.

The legal issues before the Commission were whether the terms of the proposed enterprise agreement complied with the requirements of the Fair Work Act, specifically whether the agreement was fair and reasonable and whether it had been made in good faith. The employer argued that certain provisions of the agreement, including those relating to wages and dispute resolution, were not fair and reasonable and that the agreement had not been made in good faith. The union, on the other hand, contended that the agreement was fair and reasonable and had been made in good faith.

In its decision, the Commission considered the relevant provisions of the Fair Work Act and the evidence presented by both parties. The Commission found that the agreement was fair and reasonable and had been made in good faith. It noted that the agreement provided for a range of benefits for employees, including wage increases and improved conditions of employment. The Commission also found that the dispute resolution provisions of the agreement were appropriate and would provide an effective means of resolving any disputes that might arise. Having found that the agreement met the requirements of the Act, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Coldmaster Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020, finding that it was fair and reasonable and had been made in good faith. The agreement was approved on the terms and conditions as set out in the application.

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