DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1031)

D & Z BUILDING SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 APRIL 2020

Application for approval of the D & Z BUILDING SERVICES 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 D & Z BUILDING SERVICES 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 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 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 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

In the case of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval for the D & Z Building Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The dispute arose from a disagreement over certain provisions within the proposed agreement, which was intended to govern the employment terms and conditions of workers in the building and construction industry in Victoria. The matter was brought before the Fair Work Commission, an independent statutory body with jurisdiction to make decisions on employment-related matters in Australia.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement satisfied the requirements for "better off overall" and "no disadvantage" tests, which are designed to ensure that the agreement provides employees with improved terms and conditions of employment compared to the relevant awards or previous agreements. The Commission also needed to consider whether the agreement contained any provisions that may be unfair or unreasonable.

The Fair Work Commission found that the proposed enterprise agreement met the necessary requirements and was, therefore, fair and reasonable. The Commission concluded that the agreement provided employees with improved terms and conditions of employment, as it satisfied the "better off overall" and "no disadvantage" tests. The Commission further determined that none of the provisions in the agreement were unfair or unreasonable. Consequently, the Commission approved the D & Z Building Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The approval was granted on the basis that the agreement provided for the fair and reasonable terms and conditions of employment for the workers covered by the agreement.

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