DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/210)

BUXON GROUP PLASTERING & CLADDING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2020

Application for approval of the BUXON GROUP PLASTERING & CLADDING 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 BUXON GROUP PLASTERING & CLADDING 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 19 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 application before the Fair Work Commission was made by the BUXON GROUP PLASTERING & CLADDING PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) for the approval of the Enterprise Agreement 2019 - 2020. The primary focus of the application was to have the agreement recognised under the Fair Work Act 2009. The dispute centred around the procedural fairness of the agreement and whether it met the necessary criteria for approval.

The legal issues that the Commission needed to address were whether the agreement was genuinely negotiated, if it was appropriately certified, and whether the agreement was fair and reasonable. The Commission also had to consider whether the application had been made in good faith and whether the agreement complied with all relevant provisions of the Fair Work Act.

The Commission reviewed the evidence provided by both parties, including the negotiation process and the content of the agreement. It was found that the agreement had been genuinely negotiated between the parties, and the certification process was conducted appropriately. The Commission was satisfied that the agreement was fair and reasonable, and it met all the requirements of the Fair Work Act. The Commission approved the Enterprise Agreement 2019 - 2020, and it became effective from the date of the decision.

The Commission's decision was based on a thorough examination of the evidence presented and a consideration of the relevant legal principles. The approval of the Enterprise Agreement 2019 - 2020 marked a significant step in the relationship between the BUXON GROUP PLASTERING & CLADDING PTY LTD and the CFMEU (Victorian Construction and General Division), and it provided a framework for their future interactions.

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