DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4989)

HASI 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 HASI 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 HASI 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Enterprise Agreement between HASI PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the years 2019 to 2020. The application was made under the Fair Work Act 2009. The primary issue before the court was whether the agreement met the criteria for approval, specifically whether it facilitated the improvement of workplace relations and provided a safety net for employees.

The court considered whether the agreement contained terms that ensured fair and reasonable conditions for employees, including provisions for wages, hours of work, leave, and dispute resolution mechanisms. The court also examined if the agreement complied with the requirements for "better off overall" and "no detriment" to employees. It was essential to determine if the agreement provided a fair and efficient resolution of workplace disputes and if it adequately protected employees' interests.

In its reasoning, the court found that the agreement satisfied the legislative criteria for approval. The agreement provided fair and reasonable terms for employees, including provisions for wages, hours of work, leave, and dispute resolution mechanisms. The court determined that the agreement was likely to improve workplace relations and provided a safety net for employees. Additionally, the agreement met the "better off overall" and "no detriment" tests, as it provided a fair and efficient resolution of workplace disputes and adequately protected employees' interests. Consequently, the court approved the enterprise agreement.

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