DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2176)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2020

Application for approval of the CNC INSTALLS 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 CNC INSTALLS 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 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 12 August 2020. The nominal expiry date of the Agreement is 15 July 2020.

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 (CFMEU) applied for approval of the CNC INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The agreement was made under section 233 of the Fair Work Act 2009 and was entered into on 13 June 2019. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act to be approved as a "protected action" agreement. The Commission had to consider if the agreement contained terms that were reasonably appropriate to protect the interests of employees and employers in the industry.

The Commission found that the agreement contained terms that were reasonably appropriate in all respects. The CFMEU argued that the agreement provided adequate protections for employees, including provisions for minimum wages, penalty rates, and leave entitlements. The employer, CNC INSTALLS PTY LTD, argued that the agreement allowed for flexibility in the workplace and provided for a fair and efficient bargaining process. The Commission concluded that the agreement met the requirements of the Fair Work Act and approved the agreement as a "protected action" agreement.

The Commission's decision was based on a detailed analysis of the agreement's provisions and the evidence presented by both parties. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it was in the best interests of the employees and employers in the industry. The Commission also noted that the agreement had been entered into voluntarily and without coercion. The Commission's decision provides guidance to other employers and unions in the industry on the types of provisions that are reasonably appropriate in enterprise agreements.

The Commission approved the CNC INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 as a "protected action" agreement. The agreement will now apply to all employees of CNC INSTALLS PTY LTD who are covered by the agreement. The approval of the agreement provides certainty for both employees and employers in the industry and ensures that the terms and conditions of employment are fair and reasonable.

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