DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/372)

VICDIG PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2020

Application for approval of the VICDIG PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the VICDIG PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application to approve the VICDIG PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The dispute involved whether the agreement met the criteria for approval under the Fair Work Act 2009. The parties in question were VICDIG PTY LTD, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a registered trade union representing the employees. The primary issue before the FWC was to determine if the enterprise agreement was fair and appropriate for the employees it covered, and if it complied with the requirements set out in the Fair Work Act.

The FWC examined several aspects of the agreement, including its coverage, the bargaining process, and its terms and conditions. The court considered whether the agreement was made in good faith, whether it provided for a proper process for resolving disputes, and if it included provisions that were fair and reasonable. The FWC also assessed if the agreement addressed key employment matters such as wages, hours of work, and other terms and conditions of employment. The court's decision hinged on whether the agreement balanced the interests of both the employer and the employees while complying with statutory requirements.

Upon reviewing the evidence and submissions from both parties, the FWC found that the enterprise agreement was fair and appropriate. The agreement was made in good faith, provided for a proper process for resolving disputes, and contained terms and conditions that were fair and reasonable. The FWC concluded that the agreement adequately addressed the key employment matters and complied with the statutory requirements. Consequently, the FWC approved the VICDIG PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. This decision provided clarity and certainty for both the employer and the employees regarding the terms of their employment.

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