DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1420)

CSW GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 JUNE 2020

Application for approval of the CSW GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CSW GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (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] The Employer has 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2020. The nominal expiry date of the Agreement is 30 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission (FWC) was tasked with approving a new enterprise agreement between the CSW Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement, known as the Civil and Infrastructure Enterprise Agreement 2019, was submitted for endorsement under the Fair Work Act 2009. The FWC's role was to ensure the agreement met the criteria for direct approval, particularly that it did not adversely affect employees' job security and did not disadvantage workers in comparison to the applicable award or safety net award.

The central legal issue before the FWC was whether the proposed agreement fulfilled the statutory requirements for direct approval. Specifically, the FWC had to consider whether the agreement provided for the fair and equitable treatment of employees, whether it contained provisions that could be detrimental to the employees, and whether it complied with the procedural requirements set out in the Fair Work Act. The FWC also needed to assess if the agreement provided for a fair balance of rights and obligations between the employer and employees, and whether it adequately addressed the terms and conditions of employment.

In its decision, the FWC examined the various provisions of the agreement, including those related to wages, conditions, dispute resolution, and redundancy. The FWC noted that the agreement generally provided for fair and equitable treatment of employees and contained no provisions that would unduly disadvantage employees compared to the applicable award. The FWC further found that the agreement adequately addressed the terms and conditions of employment and provided for a fair balance of rights and obligations between the employer and employees. The procedural requirements of the Fair Work Act were also satisfied. Consequently, the FWC approved the agreement for direct registration, recognising its alignment with the statutory framework.

The FWC's final order was the approval and registration of the Civil and Infrastructure Enterprise Agreement 2019 between the CSW Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). This decision underscores the FWC's commitment to ensuring that enterprise agreements meet the necessary standards for fairness and compliance with the Fair Work Act, ultimately protecting the interests of both employers and 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