DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/413)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 MARCH 2020

Application for approval of the AC CONSTRUCTION GROUP 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 AC CONSTRUCTION GROUP 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 10 March 2020. The nominal expiry date of the Agreement is 29 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Australian Building and Construction Commission and the Construction, Forestry, Maritime, Mining and Energy Union, the court was presented with an application for the approval of the AC Construction Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The applicant, the Australian Building and Construction Commission, sought the court's approval of the enterprise agreement in question. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application, arguing that certain provisions of the agreement were not in the best interests of the employees covered by the agreement.

The primary legal issue before the court was whether the provisions of the enterprise agreement were consistent with the Fair Work Act 2009, specifically in relation to the best interests of the employees. The court had to examine the agreement's provisions, including those related to pay rates, conditions of employment, and dispute resolution mechanisms. The court also had to consider the impact of the agreement on the employees' rights and obligations, as well as the broader implications for the construction industry.

The court found that the majority of the provisions in the enterprise agreement were consistent with the Fair Work Act and were in the best interests of the employees. The court considered that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, allowances, and leave entitlements. The court also found that the dispute resolution mechanisms in the agreement were effective and provided for a fair and efficient process for resolving disputes. However, the court did note some concerns regarding certain provisions related to the use of labour hire arrangements and the potential impact on job security and workplace conditions. Despite these concerns, the court was satisfied that the overall benefits of the agreement outweighed any potential negative impacts.

The court approved the enterprise agreement, subject to certain modifications to address the concerns raised. These modifications included amendments to the provisions related to labour hire arrangements and the introduction of additional protections for employees working under such arrangements. The court also made orders to ensure that the agreement would be reviewed and updated on a regular basis to ensure that it continued to meet the needs of the employees and the 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