DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1373)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 MAY 2020

Application for approval of the Ciarcon Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering 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 Ciarcon Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering 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 27 May 2020 and, in accordance with s 54, will operate from 3 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Ciarcon Constructions Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement. The dispute arose as Ciarcon Constructions Pty Ltd had made an application to the Commission under section 235 of the Fair Work Act 2009, seeking approval of the proposed agreement. The nature of the dispute was to determine whether the agreement met the criteria for registration and if it complied with the relevant provisions of the Fair Work Act.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, whether it included a mechanism for resolving disputes, and whether the agreement complied with the statutory requirements outlined in the Fair Work Act. The Commission had to consider the bargaining positions of both parties, the content and fairness of the terms and conditions, and whether the agreement met the statutory requirements for approval.

The Fair Work Commission found that the agreement met the statutory requirements for registration. The Commission concluded that the agreement provided for fair and reasonable terms and conditions and included a mechanism for resolving disputes. The Commission was satisfied that the agreement was made in good faith and that the parties had bargained fairly and reasonably. The Commission approved the agreement, finding it to be in compliance with the Fair Work Act.

The Fair Work Commission approved the Ciarcon Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019-2020. The Commission found that the agreement met the statutory requirements for registration and was in compliance with the Fair Work Act. The agreement was approved, and it will now become a legally binding contract between the parties.

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