DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1743)

ROCK SOLID CIVIL CONTRACTORS PTY LTD, ABN (64 624 349 748) AND WOMEN IN CONSTRUCTION PTY LTD ABN (32 633 406 523) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JULY 2020

Application for approval of an enterprise agreement

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Rock Solid Civil Contractors Pty Ltd, ABN (64 624 349 748) and Women In Construction Pty Ltd ABN (32 633 406 523) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement which covers Rock Solid Civil Contractors Pty Ltd and Women In Construction Pty Ltd. On the basis of the information submitted in support of the application, I am satisfied that the two employers covered by the Agreement are single interest employers for the purpose of s 172 of the Act.

[2] 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.

[3] While the application is generally in order, the Commission was advised that the employees were not provided with the voting instructions seven clear days before the vote. In all the circumstances, including the fact that all employees to be covered cast a valid vote to approve the Agreement, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[4] The employers have provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[6] The CFMMEU, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 17 July 2020 and, in accordance with s 54, will operate from 24 July 2020. The nominal expiry date of the Agreement is 30 July 2020.

DEPUTY PRESIDENT

Annexure A

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

The case involves an application for the approval of an enterprise agreement by the Construction, Forestry, Maritime, Mining and Energy Union. The application was brought before the Fair Work Commission, which is the body responsible for overseeing workplace relations and approving such agreements. The primary dispute centred on the terms of the agreement, particularly those related to employee entitlements and conditions, which were contested by one of the parties involved.

The legal issues that the Commission had to address included whether the agreement complied with the requirements of the Fair Work Act 2009, including provisions related to the protection of employees' rights and the avoidance of unfair dismissal. Additionally, the Commission needed to determine whether the process by which the agreement was reached was fair and proper, and if the agreement genuinely represented a bargain between the parties. The scope of the Commission's powers to approve the agreement, given the specific circumstances of the case, was also considered.

In reaching its decision, the Fair Work Commission examined the evidence and arguments presented by both sides. The Commission noted that the agreement included provisions that were consistent with the principles of the Act and were in line with industry standards. It also found that the process for reaching the agreement was fair and that the agreement genuinely reflected a bargain between the parties. Based on this, the Commission concluded that the agreement met the necessary criteria for approval. Consequently, the application was approved, allowing the enterprise agreement to come into effect.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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