DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/507)

INTERSIGN 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 INTERSIGN 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 INTERSIGN 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

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Intersign Pty Ltd applied for approval of their enterprise agreement for the period 2019-2020. The application was heard by the Fair Work Commission. The primary issue for the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission examined the application under section 231 of the Fair Work Act. The Commission was required to determine if the agreement met the criteria for approval, including whether it provided for the terms and conditions of employment, and whether it was fair and appropriate in all its parts. The Commission considered the nature of the agreement, the bargaining process, and whether there were any provisions that were contrary to public policy or otherwise unlawful.

After thorough consideration, the Fair Work Commission approved the application. The Commission found that the agreement was fair and appropriate in all its parts. The agreement provided for the terms and conditions of employment of the employees covered by the agreement, and it was not contrary to public policy or otherwise unlawful. The Commission determined that the agreement was appropriately negotiated and met the requirements of the Fair Work Act.

The Fair Work Commission approved the application for the enterprise agreement between Intersign Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2019-2020. The Commission's decision is a significant outcome for both parties, providing certainty and stability in their industrial relations arrangements.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established