DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/575)

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

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

Application for approval of the ALULINE COMMERCIAL 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 ALULINE COMMERCIAL 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 the 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 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 court involved an application for the approval of the ALULINE COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The applicants were ALULINE COMMERCIAL PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the proposed enterprise agreement met the statutory criteria for approval under the Fair Work Act 2009. The case was heard by the Fair Work Commission.

The legal issues before the Commission were primarily whether the agreement was made in good faith, whether it covered appropriate bargaining units, and if it met the criteria for minimal terms and conditions under the Fair Work Act. Additionally, the Commission had to assess whether the agreement would have a detrimental effect on employees and if it provided for minimum entitlements as required by law.

In examining the application, the Commission found that the agreement was made in good faith by both parties and covered appropriate bargaining units. It also concluded that the agreement met the statutory requirements for minimal terms and conditions, ensuring that employees would not be worse off. The Commission further determined that the agreement did not have a detrimental effect on employees and provided for minimum entitlements as required by law. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the ALULINE COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020, finding it met all statutory requirements under the Fair Work Act. The decision was made on the basis that the agreement was made in good faith, covered the appropriate bargaining units, and provided for minimum terms and conditions without detrimental effect on 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