DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/520)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MARCH 2020

Application for approval of the CENTRACON 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 CENTRACON 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 19 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 an enterprise agreement between CENTRACON PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) for the period 2019 to 2020. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009, including that it provides for the appropriate terms and conditions, promotes productivity and economic performance, and is free from any discriminatory provisions.

The central legal issue was whether the agreement adequately addressed the requirements of the Fair Work Act, particularly in relation to its provisions for pay rates, working conditions, and dispute resolution mechanisms. The Commission also needed to consider whether the agreement was made in good faith and whether it appropriately balanced the interests of both employers and employees. Additionally, the court examined whether any of the provisions of the agreement were contrary to public policy or contravened any other laws.

In its decision, the Fair Work Commission determined that the agreement substantially met the criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions, promoted productivity and economic performance, and did not include any discriminatory provisions. The Commission also concluded that the agreement was made in good faith and balanced the interests of both parties. After careful consideration, the Commission approved the enterprise agreement, noting that it would contribute positively to the industrial relations environment.

The Fair Work Commission's final orders included the approval of the CENTRACON PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 to 2020, subject to the terms and conditions set out in the agreement. The Commission's decision emphasised the importance of fair and balanced enterprise agreements in fostering productive industrial relations.

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