DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/690)

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

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

Application for approval of the DOMAIN CONCRETE 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 DOMAIN CONCRETE 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 1 April 2020. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the DOMAIN CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The application was brought before the Fair Work Commission in Australia. The primary dispute centred on whether the proposed enterprise agreement met the necessary legal standards for approval, including fairness and compliance with the relevant legislative framework.

The legal issues addressed by the court involved assessing the fairness of the agreement under the Fair Work Act 2009. Key considerations included whether the agreement appropriately balanced the interests of both employers and employees, the procedural fairness in the negotiation process, and the agreement's compliance with minimum entitlements and conditions. The court also evaluated if the agreement included appropriate mechanisms for resolving disputes and ensuring that employees' rights were protected.

The Fair Work Commission found that the agreement was fair and met all necessary legal standards. The court concluded that the negotiation process was procedurally sound and that the terms of the agreement were reasonable, taking into account the economic and operational context of the industry. The agreement was deemed to provide adequate protection for employee rights and included effective dispute resolution mechanisms. Consequently, the court approved the enterprise agreement.

The final orders of the court mandated that the enterprise agreement be approved and registered under the Fair Work Act. The agreement was to come into effect on the specified date, and the parties were required to comply with its terms. The decision provided clarity and legal certainty for both the employer and 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