DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/557)

ENVIROFLEX PTY LTD T/AS ENVIROFLEX 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 ENVIROFLEX PTY LTD T/As ENVIROFLEX 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 ENVIROFLEX PTY LTD T/As ENVIROFLEX 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 25 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 parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Enviroflex Pty Ltd. The dispute centred on the application for approval of the ENVIROFLEX PTY LTD T/As ENVIROFLEX and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal. The legal issues that the court had to decide pertained to the validity and fairness of the enterprise agreement, and whether it met the statutory requirements set forth in the Fair Work Act 2009. This included examining the agreement's compliance with the "better off overall test" and whether it contained provisions that were contrary to public policy or industrial awards.

The court evaluated the enterprise agreement by considering the specific provisions and their impact on the employees covered by the agreement. It took into account factors such as wages, conditions, and the overall benefits to the employees. In making its decision, the court balanced the rights of the employer and employees, as well as ensuring that the agreement did not unfairly disadvantage any party. The court also examined whether the agreement contained provisions that could be considered contrary to public policy or inconsistent with industrial awards. In reaching its conclusion, the court considered the evidence presented by both parties and the broader implications of the agreement on the employees and the industry.

Upon reviewing the evidence and the arguments presented by both parties, the court found that the enterprise agreement met the statutory requirements and was fair and reasonable. The agreement was approved and deemed to be in compliance with the Fair Work Act 2009. The court acknowledged the efforts made by both parties in negotiating the agreement and reaching a consensus that was in the best interest of the employees. The court's decision was based on a thorough examination of the agreement's provisions and their impact on the employees, as well as the overall fairness of the agreement.

The final orders of the court were that the ENVIROFLEX PTY LTD T/As ENVIROFLEX and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 was approved and registered under the Fair Work Act 2009. The agreement came into effect on the date of the approval and was to remain in force until its expiry on 30 June 2020, or until replaced by a new enterprise agreement or an applicable award. The court's decision provided certainty and stability for both parties and the employees covered by the agreement, ensuring that their rights and obligations were protected under the terms of the approved 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