DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1190)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 MAY 2020

Application for approval of the Portal Contractors 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 Portal Contractors 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 15 May 2020. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of an enterprise agreement between Portal Contractors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The union sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The disagreement arose from the terms and conditions outlined in the proposed agreement, specifically concerning the working arrangements and pay rates of employees.

The legal issues the court was required to address were primarily whether the agreement complied with the statutory requirements for registration under the Fair Work Act 2009. This involved determining whether the agreement met the criteria of good faith bargaining and the provisions regarding employee protections and entitlements. The court had to examine whether the terms of the agreement were fair and reasonable in the context of the employment relationship between the employer and the employees.

The Fair Work Commission determined that the agreement met the statutory criteria for registration. The Commission found that the agreement was the result of good faith bargaining, and the terms were fair and reasonable. The Commission considered the overall benefits of the agreement, particularly in providing better working conditions and pay rates for employees. The Commission concluded that the agreement appropriately balanced the interests of both the employer and the employees, and it would contribute to industrial harmony.

The final orders of the Commission were that the Portal Contractors Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 be approved and registered under the Fair Work Act 2009. This decision recognised the agreement as a binding enterprise agreement between the parties, effective from the date of registration.

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