DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/787)

3FOLD RESOURCES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MARCH 2020

Application for approval of the 3Fold Resources Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the 3Fold Resources Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 March 2020 and, in accordance with s 54, will operate from 7 April 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the 3Fold Resources Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The applicant union sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The application proceeded on an expedited basis, given the agreement’s imminent commencement date.

The central legal issue before the Commission was whether the agreement complied with the requirements of section 230 of the Fair Work Act. This section mandates that an enterprise agreement must be approved by a majority vote of eligible employees and include prescribed minimum terms and conditions. The Commission had to determine whether the agreement met these criteria, particularly given the provisions of the agreement and the context in which it was negotiated and executed.

The Commission found that the agreement satisfied the requirements of section 230. It was evidenced that the agreement had been approved by a majority of eligible employees and included all the prescribed minimum terms and conditions. Additionally, the Commission noted that the agreement was negotiated in good faith and that there were no procedural irregularities in the ballot process. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect as per the scheduled date.

The Commission's decision was made in light of the evidence presented and the applicable legal standards. The approved enterprise agreement will now regulate the employment terms and conditions of employees covered by the agreement, providing a framework for industrial relations between the employer and the union.

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