DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/684)

ONSITE CONTRACTORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 MARCH 2020

Application for approval of the ONSITE CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ONSITE CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the ONSITE CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The dispute involved the interpretation and application of the Fair Work Act 2009, specifically in relation to the procedural fairness and the substance of the agreement.

The primary legal issues before the court were whether the agreement met the formal requirements under the Fair Work Act, and whether the agreement had been fairly and properly made. This included examining the process of consultation and negotiation between the parties, as well as the fairness of the terms of the agreement. The court also considered whether there was any coercion or undue influence that affected the agreement.

The court examined the procedural fairness of the agreement, noting the extent of consultation and negotiation between the parties. It found that the agreement was made in good faith, with both parties engaging in meaningful dialogue and consideration of the terms. Regarding the substance of the agreement, the court assessed whether the terms were reasonable and fair, taking into account industry standards and the interests of both employees and employers. The court concluded that the agreement was fair and reasonable, and met the statutory requirements for approval.

The final orders of the court were that the agreement be approved, and that it be registered in accordance with the Fair Work Act. The court determined that the agreement provided a fair and reasonable framework for the employment conditions of the employees covered by the 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