DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/485)

BARAVI ENTERPRISES PTY LTD T/AS METRO JOINERY AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 MARCH 2020

Application for approval of the Baravi Enterprises Pty Ltd T/As Metro Joinery and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Baravi Enterprises Pty Ltd T/As Metro Joinery and the CFMEU (Victorian Construction and General Division) Enterprise 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 10 March 2020 and, in accordance with s 54, will operate from 17 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 for the approval of the Baravi Enterprises Pty Ltd T/As Metro Joinery and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The application was brought before the Fair Work Commission, an Australian government body responsible for the resolution of workplace disputes. The dispute centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained all the mandatory terms prescribed by the Act, whether it was free from any illegality, and if it met the 'better off overall test'. This test ensures that employees are not disadvantaged by the agreement compared to their previous conditions of employment. The parties also contested whether the agreement had been fairly negotiated and whether it complied with the procedural requirements of the Act.

In its decision, the Fair Work Commission determined that the enterprise agreement contained all the mandatory terms and was free from illegality. It found that the agreement met the better off overall test and that it had been fairly negotiated in accordance with the procedural requirements of the Act. The Commission emphasised the importance of the parties engaging in genuine and meaningful discussions to reach a consensus that benefits all parties. The Commission approved the agreement, highlighting the importance of enterprise agreements in facilitating productive and harmonious workplace relations.

The Commission's final orders were that the Baravi Enterprises Pty Ltd T/As Metro Joinery and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision and would remain in force for the specified period until 31 December 2020. This decision provides a clear framework for the implementation of the agreement and ensures that the rights and obligations of both employers and employees are protected under the terms of the agreement.

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