DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1285)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 20 MAY 2020

Application for approval of the HCC COMMERCIAL 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 HCC COMMERCIAL 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 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 27 May 2020. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the HCC COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020, the Fair Work Commission was called upon to determine whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The applicant, HCC Commercial Pty Ltd, sought to have the agreement approved, while the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) supported the application. The dispute centred around the terms of the proposed agreement, which aimed to regulate various aspects of employment conditions, including wages, hours of work, and other terms and conditions.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the requirements for bargaining set out in the Act. The Commission needed to assess whether the agreement was genuinely negotiated, whether it provided for fair remuneration and reasonable working hours, and whether it adhered to the procedural fairness and good faith bargaining principles. Furthermore, the Commission had to consider whether the agreement included appropriate mechanisms for dispute resolution and whether it complied with any relevant national employment standards.

In delivering its decision, the Commission undertook a thorough examination of the agreement's provisions. It found that the agreement was genuinely negotiated between the parties, and it contained terms and conditions that were fair and reasonable. The Commission noted that the agreement provided for appropriate remuneration and working hours, and it included mechanisms for resolving disputes. The Commission also determined that the agreement complied with the requirements for bargaining and procedural fairness under the Act. Having satisfied itself that the agreement met all the necessary criteria, the Commission approved the enterprise agreement, finding it to be in accordance with the provisions of the Fair Work Act.

The Commission's approval of the enterprise agreement signifies that it is now legally binding on the parties and their employees, providing a framework for the terms and conditions of employment within the specified period. This decision reinforces the importance of ensuring that enterprise agreements meet the statutory requirements for approval, promoting fair and reasonable workplace practices.

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