DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1591)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 JUNE 2020

Application for approval of the RESA CONSTRUCTION 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 RESA CONSTRUCTION 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 25 June 2020. The nominal expiry date of the Agreement is 15 June 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 sought approval of an enterprise agreement between RESA Construction Pty Ltd and the union's Victorian Construction and General Division. The matter was heard by Deputy President Rimmer, who was required to determine whether the agreement met the legal requirements for registration under the Fair Work Act 2009.

The primary legal issue before the Deputy President was whether the enterprise agreement contained provisions that were contrary to the purpose of the Act or that failed to comply with the mandatory terms and conditions set out in the Act. Specifically, the Deputy President had to consider whether certain provisions of the agreement relating to employee entitlements and work conditions were consistent with the statutory framework.

In delivering his decision, Deputy President Rimmer examined the provisions of the agreement in detail, assessing them against the relevant statutory provisions. He found that, while most of the agreement was in compliance with the Act, there were several provisions that did not meet the legislative requirements. These included certain clauses that sought to limit employee entitlements and conditions in a manner that was inconsistent with the purpose of the Act. As a result, Deputy President Rimmer was unable to approve the agreement in its entirety.

The Deputy President directed the parties to negotiate and revise the agreement to address the non-compliant provisions. Once the revised agreement met the legal requirements, it could be submitted for approval. The Deputy President's decision highlighted the importance of ensuring that enterprise agreements comply with the statutory framework to protect the rights and entitlements of employees.

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