DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2414)

DM & FL BALDI PTY LTD T/AS STATEWIDE PANELS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 AUGUST 2020

Application for approval of the DM & FL BALDI PTY LTD T/As STATEWIDE PANELS and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the DM & FL BALDI PTY LTD T/As STATEWIDE PANELS and the CFMEU (Victorian Construction and General Division) Precast Panel 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 1 September 2020. The nominal expiry date of the Agreement is 30 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the DM & FL Baldi Pty Ltd trading as Statewide Panels and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2019-2020. The applicant, DM & FL Baldi Pty Ltd, sought the Fair Work Commission’s (FWC) approval of the agreement, which was negotiated between the company and the union representing the employees. The union, the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), supported the application.

The primary legal issue before the FWC was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the FWC needed to consider whether the agreement was in the best interests of the employees, was free from coercion and undue influence, and contained appropriate dispute resolution mechanisms. The FWC also had to ensure that the agreement complied with any relevant minimum standards set out in the Fair Work Regulations 2009.

After reviewing the agreement and considering submissions from both parties, the FWC determined that the agreement met all the necessary criteria. The FWC found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The FWC also concluded that the agreement was free from coercion and undue influence and contained appropriate dispute resolution mechanisms. Finally, the FWC confirmed that the agreement complied with all relevant minimum standards.

As a result, the FWC approved the DM & FL Baldi Pty Ltd trading as Statewide Panels and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2019-2020. The agreement will now be registered and enforceable under the Fair Work Act 2009.

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