DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1349)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 MAY 2020

Application for approval of the BUILT (VIC) 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 BUILT (VIC) 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 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 2 June 2020. The nominal expiry date of the Agreement is 31 May 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 (CFMEU) and BUILT (Vic) Pty Ltd, an employer, applied for the approval of an enterprise agreement. The agreement, dated 2019 to 2020, aimed to establish terms and conditions of employment for employees within the construction industry in Victoria. The primary dispute centred on whether the proposed agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The legal issues before the Commission involved assessing if the agreement contained the requisite good faith bargaining provisions, whether it adhered to the unfair dismissal provisions, and if it complied with the lawful terms and conditions as stipulated in the Act. The Commission also had to determine if the agreement was in the best interests of the employees and if it appropriately balanced the interests of both parties.

Upon reviewing the agreement, the Commission found that it contained provisions for good faith bargaining, which was a crucial element for its approval. The Commission noted that the agreement met the unfair dismissal provisions and did not contain any terms that were considered contrary to the public interest. It was also determined that the agreement was in the best interests of the employees and balanced the interests of both the union and the employer. The Commission concluded that the proposed enterprise agreement complied with all the necessary legal criteria for approval under the Fair Work Act 2009.

In light of the findings, the Fair Work Commission approved the BUILT (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020, effective from the date of the decision. The approval ensures that the terms and conditions of employment for employees within the construction industry in Victoria are legally binding and in the best interest of all parties involved. The decision reinforces the importance of reaching fair and balanced agreements through good faith bargaining, ultimately promoting harmonious industrial relations within the industry.

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