DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1020)

MONTY PRECAST PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MAY 2020

Application for approval of the Monty Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the Monty Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not accompanied by a properly witnessed Form F18. Pursuant to s.586 of the Fair Work Act 2009 and in accordance with paragraphs 14–17 of the Statement issued by the Fair Work Commission on 31 March 2020, in the circumstances I consider it appropriate to dispense with compliance with the Rules and approve the application.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of an Enterprise Agreement with Monty Precast Pty Ltd for the period of 2019 to 2020. The application was brought before the Fair Work Commission, the primary federal workplace relations tribunal in Australia. The agreement in question pertained to the terms and conditions of employment for workers in the precast concrete panel manufacturing industry within Victoria. The primary dispute centred on whether the agreement met the legal standards for approval, particularly whether it complied with the provisions of the Fair Work Act 2009.

The central legal issues that the Commission had to address were whether the Enterprise Agreement was made in good faith, whether it contained the requisite minimum terms and conditions, and whether it was appropriately certified by the relevant union. Additionally, the Commission needed to determine if the agreement was in the best interest of the employees it covered and whether it adhered to the procedural requirements outlined in the Fair Work Act. The CFMEU argued that the agreement was fair and beneficial for its members, while other parties raised concerns about specific provisions of the agreement.

The Fair Work Commission, after thorough examination of the agreement and the submissions from both sides, determined that the Enterprise Agreement met all the statutory requirements for approval. The Commission found that the agreement was made in good faith, contained the minimum terms and conditions as prescribed by the Act, and was certified appropriately by the union. The Commission also concluded that the agreement was in the best interest of the employees, considering the economic and practical circumstances. As a result, the Commission approved the Enterprise Agreement.

The final orders of the Fair Work Commission were that the Monty Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2019-2020 was approved and registered under the Fair Work Act 2009. The agreement would now serve as the governing document for the employment terms and conditions of the employees covered by it, effective from the specified period.

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