DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/315)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the MERIC INSTALLS 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 MERIC INSTALLS 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 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 28 February 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

The parties involved in the dispute were MERIC INSTALLS PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The matter was heard in the Fair Work Commission, a tribunal responsible for regulating workplace relations in Australia. The dispute centred around the application for approval of the MERIC INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

The legal issues the court had to address were whether the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009 and whether it complied with the "better off overall test" under section 233. Additionally, the court had to consider whether the agreement was made in good faith and if it contained the necessary provisions as required by the Act.

The Fair Work Commission examined the agreement in detail and found that it met all the statutory requirements. The agreement was deemed to be in compliance with the better off overall test, as it provided benefits to the employees that outweighed any detriments. The court also determined that the agreement was made in good faith and contained all the necessary provisions as stipulated by the Fair Work Act 2009. Consequently, the application for approval of the MERIC INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 was approved.

The final orders of the Fair Work Commission were that the agreement be approved as a registered agreement under section 179 of the Fair Work Act 2009. The agreement was to be registered on the date of the decision and would remain in effect until the earlier of either the date specified within the agreement for its termination or 5 years from the date of registration.

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