DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/558)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MARCH 2020

Application for approval of the INWARD PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the INWARD PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 March 2020 and, in accordance with s 54, will operate from 25 March 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 Fair Work Commission involved an application for approval of the Enterprise Agreement between INWARD PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2019 to 2020. The dispute centred on whether the terms of the agreement met the requirements of the Fair Work Act 2009 and whether they adhered to the principles of good faith bargaining and procedural fairness. The case was heard in the Fair Work Commission, which has jurisdiction over matters concerning workplace relations and industrial agreements.

The legal issues at hand required the Commission to determine if the agreement was genuinely negotiated, if it complied with the procedural requirements set forth by the Fair Work Act, and if it met the "better off overall test." This test ensures that the agreement provides employees with a minimum of 15% improvement in wages and conditions compared to the applicable award or existing enterprise agreement. Additionally, the Commission needed to consider if the agreement contained any terms that were contrary to public policy or had an unjustifiable impact on employees' rights.

In reaching its decision, the Commission carefully examined the evidence of good faith bargaining and procedural fairness provided by both parties. The Commission noted that the negotiation process appeared to be conducted in good faith, with both parties engaging in meaningful discussions and reaching compromises on various issues. The Commission also assessed whether the agreement provided a better off overall outcome for the employees and found that the agreement did indeed meet the statutory requirements. Furthermore, the Commission confirmed that none of the terms of the agreement were contrary to public policy or had an unjustifiable impact on employees' rights. Based on these findings, the Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the Enterprise Agreement between INWARD PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2019 to 2020, subject to the terms and conditions set out in the agreement. The Commission also directed that the agreement be registered with the Fair Work Commission and that the parties take all necessary steps to ensure compliance with the agreement and the Fair Work Act 2009.

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