DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/954)

BASE PILING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PILING AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 APRIL 2020

Application for approval of the BASE PILING PTY LTD and the CFMEU (Victorian Construction and General Division) Piling Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the BASE PILING PTY LTD and the CFMEU (Victorian Construction and General Division) Piling 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 23 April 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

In the matter of an application for approval of the BASE PILING PTY LTD and the CFMEU (Victorian Construction and General Division) Piling Agreement 2019 - 2020, the Fair Work Commission heard the case of BASE Piling Pty Ltd against the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the approval of a new enterprise agreement, with BASE Piling Pty Ltd seeking confirmation of the agreement's provisions, while the CFMEU contested certain terms.

The primary legal issues before the Commission involved the fairness and appropriateness of the terms outlined in the Piling Agreement. BASE Piling Pty Ltd argued that the agreement was necessary to ensure the company's economic viability and competitiveness, while the CFMEU contended that several provisions were detrimental to the employees' rights and working conditions. The Commission had to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

In its decision, the Fair Work Commission thoroughly examined each clause of the Piling Agreement. The Commission found that while some provisions could be considered harsh, unfair, or unreasonable, the overall agreement did not fall outside the bounds of what could be approved as a modern award. The Commission also took into account the need for the agreement to contribute to the company's economic viability and the absence of any significant detriment to the employees' rights. Ultimately, the Commission approved the agreement, subject to certain conditions designed to protect the employees' interests.

The Fair Work Commission ordered the approval of the BASE PILING PTY LTD and the CFMEU (Victorian Construction and General Division) Piling Agreement 2019 - 2020, with the conditions outlined in the decision. This ruling ensures that the agreement is in effect and that both parties are bound by its terms, while also safeguarding the rights and working conditions of the employees.

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