DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/494)

VICTORIAN DRILLING SERVICES PTY LTD T/AS BROWNS PILING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PILING AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MARCH 2020

Application for approval of the VICTORIAN DRILLING SERVICES PTY LTD T/As BROWNS PILING and the CFMEU (Victorian Construction and General Division) Piling Agreement 2019 - 2020.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the VICTORIAN DRILLING SERVICES PTY LTD T/As BROWNS PILING and the CFMEU (Victorian Construction and General Division) Piling 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 11 March 2020 and, in accordance with s 54, will operate from 18 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 case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Victorian Drilling Services Pty Ltd (trading as Browns Piling) for approval of the Piling Agreement 2019-2020. The application was heard in the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement provided for terms and conditions of employment that were no worse than the applicable national system awards and whether it complied with the requirements of the Fair Work Act. The Commission needed to consider whether the agreement appropriately balanced the interests of the employees and employers while also ensuring compliance with relevant industrial relations laws.

In making its decision, the Commission noted that the agreement provided for terms and conditions of employment that were at least as favourable as those in the relevant national system awards. The Commission also found that the agreement contained provisions that allowed for flexibility in work arrangements, which was beneficial to both employers and employees. Furthermore, the agreement included mechanisms for dispute resolution and provided for the protection of employees' rights. Given these factors, the Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act.

Accordingly, the Commission approved the Piling Agreement 2019-2020. The agreement was registered on the Register of Approved Agreements, and the parties were directed to take all necessary steps to give effect to the agreement. The decision provided clarity for the parties involved and set a precedent for future agreements in the piling industry.

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