DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4985)

CNC PRO PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 JANUARY 2020

Application for approval of the CNC PRO 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 CNC PRO 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 10 January 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and CNC PRO PTY. LTD. sought approval of their Enterprise Agreement for the period 2019-2020. The primary issue before the Commission was whether the agreement met the requirements for registration under the Fair Work Act 2009. This included assessing whether the agreement dealt with the relevant matters, whether it was made in good faith, and whether it provided for a proper dispute resolution process. The Commission also needed to determine whether the agreement adequately covered the terms and conditions of employment for the employees involved, and if it was in line with the principles of the Fair Work Act.

The court examined the terms of the Enterprise Agreement to ensure it was comprehensive and dealt with all necessary matters. The Commission found that the agreement included provisions for wages, hours of work, leave entitlements, and other standard employment conditions. Additionally, the Commission considered whether the agreement was made in good faith and if the parties had negotiated genuinely and in a manner consistent with the principles of the Act. The court also looked at the dispute resolution processes outlined in the agreement to ensure they were fair and efficient. The Commission concluded that the agreement was made in good faith and included an appropriate dispute resolution process.

Ultimately, the Fair Work Commission approved the Enterprise Agreement, finding that it met all the statutory requirements for registration. The Commission found that the agreement was comprehensive, dealt with all necessary matters, was made in good faith, and included an effective dispute resolution process. The terms and conditions of employment were found to be fair and in line with the principles of the Act. The Commission was satisfied that the agreement would provide for the proper management of the workplace and the terms and conditions of employment of the employees involved. The Commission approved the Enterprise Agreement, allowing it to be registered and enforced as a binding contract between the 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