DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/475)

FULL CONSTRUCTION SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2019 - 2020

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

Application for approval of the FULL CONSTRUCTION SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the FULL CONSTRUCTION SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector 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 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 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 matter involved an application for the approval of the Full Construction Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2019 - 2020. The application was heard in the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the requirements for registration under the Fair Work Act and whether it complied with the "better off overall test". The Commission had to determine if the proposed terms and conditions of employment in the agreement were fair and reasonable, and if the agreement was genuinely negotiated between the employer and the union. Furthermore, the Commission considered whether the agreement provided employees with a better overall outcome compared to the applicable awards and whether it adhered to the principles of good faith bargaining.

In its decision, the Fair Work Commission found that the agreement satisfied the necessary criteria for approval. The Commission was satisfied that the agreement had been genuinely negotiated and that it contained appropriate provisions for redundancy, termination, and the protection of employees' rights. The Commission also concluded that the agreement provided employees with a better overall outcome compared to the applicable awards and that it adhered to the principles of good faith bargaining. The Commission approved the agreement, noting that it was fair and reasonable and met the requirements of the Fair Work Act.

As a result of the Commission's decision, the Full Construction Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2019 - 2020 has been approved and is now in effect.

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