DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/592)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 MARCH 2020

Application for approval of the EFE CONSTRUCTION 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 EFE CONSTRUCTION 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 26 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and EFE Construction Pty Ltd applied to the Fair Work Commission (FWC) for approval of an enterprise agreement. The agreement, intended to cover employees working on the construction of the Melbourne Metro Tunnel project, included various terms and conditions of employment. The Australian Building and Construction Commission (ABCC) opposed the application on several grounds, including that the agreement contained provisions that were not in the best interests of the employees covered by the agreement.

The legal issues before the FWC were whether the agreement was in the best interests of the employees and whether it complied with the requirements of the Fair Work Act 2009. The court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the relevant provisions of the Act. The court also had to consider whether the agreement was fair and reasonable having regard to the interests of the employees, employers, and the community.

The FWC found that the agreement was in the best interests of the employees and was consistent with the relevant provisions of the Act. The court found that the agreement provided for fair and reasonable terms and conditions of employment and was consistent with the interests of the employees, employers, and the community. The court also found that the provisions opposed by the ABCC did not have a detrimental effect on the employees and were therefore not contrary to the best interests of the employees. The FWC approved the enterprise agreement.

The FWC approved the Enterprise Agreement between EFE Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period of 2019 to 2020. The agreement was found to provide for fair and reasonable terms and conditions of employment and was consistent with the interests of the employees, employers, and the community. The provisions opposed by the ABCC were found not to have a detrimental effect on the employees and were therefore not contrary to the best interests of the employees.

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