DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/730)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MARCH 2020

Application for approval of the CANTERBURY FORMWORK 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 CANTERBURY FORMWORK 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 3 April 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between Canterbury Formwork Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The applicant, Canterbury Formwork Pty Ltd, sought the court's endorsement of the proposed agreement, which was intended to govern the employment conditions of workers in the specified industries. The respondent, CFMEU, raised objections to certain provisions of the agreement, arguing that they were contrary to public policy or unfair to employees.

The primary legal issue before the court was whether the provisions of the proposed enterprise agreement were in accordance with the Fair Work Act 2009 and whether they complied with the relevant public policy considerations. The court had to examine each contested provision to determine if it contravened any legislative provisions or public policy principles, and if not, whether it was fair and reasonable in the circumstances. The court also had to consider the arguments presented by both parties regarding the fairness and reasonableness of the provisions, as well as any relevant precedents and legal principles.

The court thoroughly examined the contested provisions of the enterprise agreement, taking into account the arguments presented by both parties and relevant legal principles. The court found that the provisions in question did not contravene any legislative provisions or public policy principles. Furthermore, the court determined that the provisions were fair and reasonable in the circumstances, taking into account the bargaining positions of the parties, the nature of the industry, and the broader economic context. Consequently, the court approved the enterprise agreement, endorsing its provisions as compliant with the Fair Work Act 2009 and public policy considerations.

The court ordered the approval of the Canterbury Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020, as amended by the court's determination. The agreement was to be binding on all employees of Canterbury Formwork Pty Ltd covered by the agreement, as well as the employer. The court's decision provided clarity on the legality and fairness of the contested provisions, allowing the parties to proceed with the implementation of the enterprise 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