DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/949)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 APRIL 2020

Application for approval of the DESCON VIC 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 DESCON VIC 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 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 24 April 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 Fair Work Commission, Construction, Forestry, Maritime, Mining and Energy Union sought approval of an enterprise agreement with DESCON VIC PTY LTD. The dispute centred around the terms of the proposed Enterprise Agreement, including wage rates, hours of work, and other employment conditions. The Commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues for the Commission were whether the agreement provided for fair and reasonable terms, and whether it complied with the procedural requirements for registration. The Commission had to consider whether the agreement met the 'better off overall test', ensuring that employees were no worse off financially and had improved conditions compared to their previous arrangements. Additionally, the Commission needed to confirm that the agreement was made in good faith and without coercion.

The Commission found that the agreement provided for fair and reasonable terms and met the better off overall test. The Commission was satisfied that the agreement was made in good faith and without coercion. The agreement was found to comply with the procedural requirements for registration. Consequently, the Commission approved the DESCON VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

The Commission approved the enterprise agreement, effective from 1 April 2019 for a period of three years. The approval ensures that the terms and conditions of employment for the employees covered by the agreement are regulated under the agreement, providing a clear framework for the employer and employees to follow during the agreement's duration.

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