DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/800)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 APRIL 2020

Application for approval of the AESTHETIC FACADE 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 AESTHETIC FACADE 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 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 9 April 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for approval of the Aesthetic Facade Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The application was lodged by the union and the employer with the Fair Work Commission, which was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The central issue before the court was whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly in relation to the bargaining process and the terms and conditions of employment.

The court examined the process by which the agreement was negotiated, the nature of the terms included within the agreement, and whether the agreement adhered to the principles of good faith bargaining and the provision of procedural fairness. The union argued that the agreement was the product of genuine and meaningful bargaining, while the employer sought to challenge certain provisions on the grounds of fairness and procedural irregularities. The court weighed the evidence presented by both parties and assessed whether the bargaining process was conducted in good faith and whether the terms of the agreement were fair and reasonable.

After careful consideration, the court found that the enterprise agreement was indeed the result of genuine and meaningful bargaining. The court determined that the process adhered to the principles of good faith bargaining and procedural fairness, and that the terms of the agreement were fair and reasonable. The court was satisfied that the agreement met the statutory requirements and approved it. The employer's challenge to certain provisions was dismissed as the court found no evidence of procedural irregularities or unfairness.

The final order of the court was that the Fair Work Commission approve the Aesthetic Facade Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The agreement was deemed to be valid and enforceable, providing a framework for the employment relationship between the employer and the union members.

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