DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1458)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JUNE 2020

Application for approval of the MATHCON CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the MATHCON CONSTRUCTIONS PTY LTD 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.

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

[4] The Agreement was approved on 5 June 2020 and, in accordance with s 54, will operate from 12 June 2020. The nominal expiry date of the Agreement is 30 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the MATHCON CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The Construction, Forestry, Maritime, Mining and Energy Union sought approval of the agreement, while MATHCON CONSTRUCTIONS PTY LTD did not oppose the application. The primary legal issue for the Commission was to determine whether the enterprise agreement met the requirements of the Fair Work Act 2009.

The Commission considered the provisions of the agreement and the statutory obligations under the Fair Work Act. The key matters included whether the agreement contained all the prescribed terms, whether it was made in good faith, and whether it provided for a proper process for resolving disputes. The Commission also examined the procedural fairness of the agreement, ensuring that all parties had an opportunity to negotiate and that the terms were not contrary to public policy or unfair. The Commission found that the agreement met all the statutory requirements, as it contained all the prescribed terms, was made in good faith, and provided for a proper dispute resolution process.

Having reviewed the evidence and the arguments presented, the Commission approved the enterprise agreement. The agreement was found to be fair and reasonable, meeting all the statutory requirements for approval. The Commission took into account the need for a balanced agreement that recognised the rights and interests of both employers and employees. The approval of the agreement ensures that it will have legal effect and be applicable to the relevant employees and employers.

The Fair Work Commission approves the MATHCON CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. This decision is effective from the date of the Commission's approval and binds all parties to the agreement.

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