DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/5049)

FIX & FORM COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JANUARY 2020

Application for approval of the FIX & FORM COMMERCIAL 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 FIX & FORM COMMERCIAL 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 21 January 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, FIX & FORM COMMERCIAL PTY LTD, sought approval of the Enterprise Agreement between the company and the CFMEU (Victorian Construction and General Division) for the period 2019-2020. The dispute was heard by the Fair Work Commission. The central issue for the Commission was whether the agreement met the requirements of section 230 of the Fair Work Act 2009, particularly in relation to the procedural fairness and the bona fide attempt to bargain in good faith. The applicant argued that the agreement was the result of genuine bargaining efforts, while the respondent contested the validity of the process.

The Commission examined the evidence and submissions to determine if there was a genuine attempt to bargain in good faith. The Commission considered the actions of both parties, including the timing and nature of communications, the willingness to negotiate, and the overall context of the bargaining process. The Commission found that while there were procedural shortcomings, the overall process demonstrated a genuine effort to reach an agreement. The Commission concluded that the procedural flaws did not undermine the validity of the agreement as a whole.

Ultimately, the Commission determined that the Enterprise Agreement met the requirements of section 230 of the Fair Work Act. The Commission approved the agreement, finding that it was the product of genuine bargaining efforts and was in the best interests of the employees. The Commission's decision was based on the balance of probabilities, considering all the evidence presented. The final orders of the Commission included the approval of the Enterprise Agreement, with specific conditions to ensure compliance with the Fair Work Act.

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