DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/5017)

MOVE IT VIC RENTAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 JANUARY 2020

Application for approval of the MOVE IT VIC RENTAL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the MOVE IT VIC RENTAL PTY LTD and the CFMEU (Victorian Construction and General Division) 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 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 16 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the MOVE IT VIC RENTAL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019. The applicant union claimed that the enterprise agreement in question contained all the necessary provisions to be made a registered agreement. The respondent, MOVE IT VIC RENTAL PTY LTD, contested the application, arguing that the agreement did not comply with certain legal requirements.

The primary legal issue before the Commission was whether the enterprise agreement met all the statutory requirements for registration under the Fair Work Act 2009. This involved assessing whether the agreement contained all the mandatory terms and conditions, was made in good faith, and was free from any invalid provisions. The Commission also had to determine if the agreement complied with the process requirements for registration, including whether proper consultation had taken place and if the agreement had been certified by an authorised officer.

The Commission considered the arguments of both parties and examined the contents of the enterprise agreement. It found that the agreement contained all the necessary mandatory terms and conditions as required by the Act. The Commission was satisfied that the agreement had been made in good faith and that there were no invalid provisions. Furthermore, the Commission determined that the process requirements for registration had been met, including proper consultation and certification by an authorised officer. As a result, the Commission approved the enterprise agreement.

In approving the application, the Commission made an order that the MOVE IT VIC RENTAL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 be registered. This decision ensures that the terms and conditions set out in the agreement will have legal effect for the parties involved, promoting a fair and harmonious workplace relationship.

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