DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1411)

NU-CON DESIGN & CONSTRUCTION PTY LTD T/AS CONFAB PRECAST PANELS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 JUNE 2020

Application for approval of the NU-CON DESIGN & CONSTRUCTION PTY LTD T/As CONFAB PRECAST PANELS 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 NU-CON DESIGN & CONSTRUCTION PTY LTD T/As CONFAB PRECAST PANELS 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] 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 8 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

The application before the Fair Work Commission concerns the approval of the NU-CON DESIGN & CONSTRUCTION PTY LTD T/As CONFAB PRECAST PANELS and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2019-2020. The Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of the employees, and NU-CON DESIGN & CONSTRUCTION PTY LTD, the employer, had negotiated the terms of this agreement. The union sought approval for the agreement from the Fair Work Commission, which would make it a legally binding instrument between the parties.

The legal issues before the Fair Work Commission centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved scrutinising the agreement's provisions to ensure they adhered to the relevant provisions of the Act, including those related to minimum entitlements, the scope of the agreement, and the processes for resolving disputes. The Commission needed to determine whether the agreement met the statutory criteria for approval, including whether it provided for the proper protection of employees' rights and interests.

The Fair Work Commission determined that the enterprise agreement complied with the statutory requirements for approval. The Commission considered the agreement's provisions in the context of the Fair Work Act and found that it provided for the protection of employees' rights and interests. The Commission noted that the agreement included provisions for minimum wages and conditions, dispute resolution mechanisms, and other matters that were consistent with the Act. Given these findings, the Commission approved the agreement, making it a legally binding instrument between the parties.

As a result of the Commission's decision, the NU-CON DESIGN & CONSTRUCTION PTY LTD T/As CONFAB PRECAST PANELS and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2019-2020 has been approved and is now a legally binding instrument between the employer and the employees. The agreement will govern the terms and conditions of employment for the employees covered by the agreement, including their wages, hours of work, and other employment-related matters. The approval of the agreement by the Fair Work Commission ensures that the employees will receive the protections and benefits provided for in the agreement, while also providing certainty and stability for the employer in managing its workforce.

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