DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1103)

CMR STRUCTURE GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 APRIL 2020

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

[1] An application has been made for approval of a greenfields agreement known as the CMR STRUCTURE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The application was not accompanied by a properly witnessed statutory declaration. 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.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2020. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this case were CMR Structure Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute before the court concerned the approval of an enterprise agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The central legal issues that the court needed to address were whether the enterprise agreement complied with the procedural requirements of the Fair Work Act and whether it contained terms that were in the best interests of the employees.

The court's reasoning focused on whether the union had adequately represented the employees in the negotiation process and whether the agreement contained provisions that were fair and reasonable. It was determined that the union had followed the necessary procedures in consulting with its members and that the agreement had been reached through genuine bargaining. The court also examined the terms of the agreement to ensure they were not detrimental to the employees and found that they were reasonable and fair. Consequently, the court approved the enterprise agreement.

The final orders of the court were to approve the CMR Structure Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. This decision was based on the finding that the agreement met all necessary legal requirements and was in the best interests of the employees. The approval of the enterprise agreement is now effective, allowing the terms and conditions outlined within it to be implemented for 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