DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/400)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 MARCH 2020

Application for approval of the AC Construction Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel 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) Precast Panel 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the AC Construction Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2019 - 2020. The application was brought under the Fair Work Act 2009. The dispute was between the union, acting on behalf of its members employed by AC Construction Group Pty Ltd, and the employer. The union sought approval of the agreement, which contained terms and conditions of employment for employees of AC Construction Group Pty Ltd, including provisions for pay rates, allowances, and other employment conditions.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, including whether it was made in good faith, whether it contained only matters that are bargainable, and whether it met the minimum standards set out in the National Employment Standards and the relevant Award. The Commission also considered whether the agreement provided for a fair and efficient workplace and whether it complied with the requirements for enterprise agreements set out in the Fair Work Regulations 2009.

After considering the evidence and submissions presented by both parties, the Commission found that the agreement met the requirements of the Fair Work Act 2009. The Commission determined that the agreement was made in good faith, contained only bargainable matters, and met the minimum standards set out in the National Employment Standards and the relevant Award. The Commission also found that the agreement provided for a fair and efficient workplace and complied with the requirements for enterprise agreements set out in the Fair Work Regulations 2009. Accordingly, the Commission approved the agreement.

The Commission's final order was that the AC Construction Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2019 - 2020 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now apply to the employees of AC Construction Group Pty Ltd covered by the agreement, and will remain in force until it is terminated or expires in accordance with the provisions of the Fair Work Act 2009.

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