DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1321)

HIGH EDGE GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TILELAYERS ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 MAY 2020

Application for approval of the HIGH EDGE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the HIGH EDGE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Tilelayers 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] 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 29 May 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 case before the Fair Work Commission involved an application for the approval of the HIGH EDGE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2019-2020. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought to have the agreement registered under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, particularly in relation to its compliance with the Fair Work Act and the procedural fairness of its negotiation.

The legal issues before the court were primarily concerned with whether the agreement was made in accordance with the Fair Work Act and whether it was negotiated in good faith. The court had to consider whether the union and the employer had followed the correct procedures in negotiating the agreement, including whether there was any undue influence or coercion. Additionally, the court needed to determine whether the agreement contained terms that were contrary to public policy or that did not meet the minimum standards prescribed by the Act.

In delivering its decision, the Fair Work Commission found that the agreement was made in good faith and complied with the requirements of the Fair Work Act. The Commission noted that there was no evidence of coercion or undue influence in the negotiation process and that the agreement contained terms that were fair and reasonable. The Commission also found that the agreement did not contravene any public policy considerations and met the minimum standards prescribed by the Act. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the HIGH EDGE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Tilelayers Enterprise Agreement 2019-2020, registering it under the Fair Work Act. This decision confirmed that the agreement was validly negotiated and met all legal requirements for approval.

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