DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2142)

SHEPPARTON TERRAZZO WORKS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 AUGUST 2020

Application for approval of the SHEPPARTON TERRAZZO WORKS PTY LTD 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 SHEPPARTON TERRAZZO WORKS PTY LTD 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 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 10 August 2020. The nominal expiry date of the Agreement is 30 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a Precast Panel Enterprise Agreement between SHEPPARTON TERRAZZO WORKS PTY LTD and the CFMEU (Victorian Construction and General Division) for the years 2019 to 2020. The application was heard by the Fair Work Commission (FWC) in Australia. The union sought to have the agreement, which outlined the terms and conditions of employment for workers in the precast panel industry, approved by the FWC.

The legal issues before the FWC were whether the agreement met the criteria for registration under the Fair Work Act 2009, including whether it complied with the Fair Work (Registered Organisations) Act 2009, and whether it was in the best interests of the employees it covered. The FWC had to consider whether the agreement provided a safety net of minimum wages and conditions, and whether it provided for the effective resolution of workplace issues.

The FWC determined that the agreement met the criteria for registration. It found that the agreement provided for a safety net of minimum wages and conditions, and that it provided for the effective resolution of workplace issues. The FWC also found that the agreement was in the best interests of the employees it covered, as it provided for fair and reasonable terms and conditions of employment, including provisions for overtime, penalty rates, and leave. The FWC approved the agreement and registered it with the Fair Work Commission.

The FWC's decision was based on its consideration of the evidence and submissions presented by the parties, as well as its interpretation of the relevant legislation. The FWC found that the agreement met the criteria for registration and was in the best interests of the employees it covered. The CFMEU and SHEPPARTON TERRAZZO WORKS PTY LTD were therefore able to proceed with the implementation of the agreement, which provided for the terms and conditions of employment for workers in the precast panel industry for the years 2019 to 2020.

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