DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/233)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 FEBRUARY 2020

Application for approval of the COCONUT PT 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 COCONUT PT 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 20 February 2020. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the COCONUT PT PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval of the enterprise agreement under section 234 of the Fair Work Act 2009. The respondent, COCONUT PT PTY LTD, did not oppose the application. The court was required to determine whether the agreement met the requirements of the Fair Work Act.

The court examined the enterprise agreement to ensure it complied with the provisions of the Fair Work Act, including provisions concerning minimum terms and conditions, the scope of the agreement, and the process for resolving disputes. The court considered the terms of the agreement, the process by which it was negotiated, and whether it met the requirements for registration under the Act. The court found that the agreement was fair and reasonable and that it complied with the requirements of the Act.

The court approved the enterprise agreement, finding that it met the requirements of the Fair Work Act. The court noted that the agreement provided for a range of terms and conditions, including minimum wages and conditions, dispute resolution procedures, and provisions for the protection of employees' rights. The court found that the agreement was the product of good faith bargaining between the parties and that it provided for a fair and reasonable outcome for both employers and employees. The court considered that the agreement was in the best interests of the employees covered by it and that it would promote harmonious, productive and cooperative workplace relations.

The court approved the COCONUT PT PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 under section 234 of the Fair Work Act 2009. The agreement is now a registered enterprise agreement and will apply to the employees covered by it. The court's decision provides clarity and certainty for both employers and employees and ensures that the agreement provides for a fair and reasonable outcome for all parties.

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