DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/594)

TAURUS COMMERCIAL INSTALLATIONS 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 TAURUS COMMERCIAL INSTALLATIONS 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 TAURUS COMMERCIAL INSTALLATIONS 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

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CaseChat Overview and Summary

The parties in the case were TAURUS COMMERCIAL INSTALLATIONS PTY LTD, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a trade union representing workers. The dispute involved the application for approval of the Enterprise Agreement between the employer and the union for the period 2019-2020. The case was heard by the Fair Work Commission, an Australian workplace relations tribunal.

The primary legal issue before the court was whether the Enterprise Agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the best interests of the employees it covered, if it provided for fair and reasonable terms and conditions, and if it was free from any unlawful content. The court also had to consider if the agreement had been made in good faith and if it complied with the procedural requirements of the Act.

The Fair Work Commission found that the Enterprise Agreement satisfied all the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and other benefits. The court noted that the agreement had been made in good faith and that there was evidence of genuine bargaining between the parties. The court was satisfied that the agreement was in the best interests of the employees, as it provided for adequate protections and benefits, and that it was free from any unlawful content. The court also confirmed that the procedural requirements of the Act had been met.

The Fair Work Commission approved the Enterprise Agreement, which will now be binding on the parties for the period 2019-2020. The court's decision provides clarity for both the employer and the union on the terms and conditions of employment for the workers covered by the agreement. The approval of the agreement also helps to promote industrial harmony and stability in the relevant industries.

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